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for Audio Visual Conservation 

Motion Picture and Television Reading Room 

Recorded Sound Reference Center 

M I J l'U(ll) & IJIST 
2 1) W 44TH ST 


Intimate in Character 
International in Scope 
Independent in Thought 



The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

V<^ 76, NO. 64 / / NEW YORK, MONDAY, OCTOBER 2, 1939 ^C 

- / 1 

N. Y. Allied Slated to Reorganize at Syrac 


See Slim Chance for Large-Scale British Production 


IATSE Wins Studio Pay Rise 

= By L. H. MITCHELL = 


ening strike of studio workers and 
nation-wide walkout of projection- 
ists, won its fight for wage increase 
from the producers. Increase was 
10 per cent, half that demanded by 
IA, and twice that offered by pro- 
ducers. Wage matter will come up 
for review next March, yearly there- 
after . . . IA then came back with 
another demand — shorter working 
hours at the studio. Confab is set 
for this week . . . Chicago operators 
won a 5 per cent pay increase . . . 
The USTG demanded that the NLRB 
void the studio election for bargain- 
ing agent won by IA. 

counter-move to wars decreasing of 
film revenues, Joseph M. Schenck 
urged exhibs. to give better grade 
pix longer playing time . . . RKO Ra- 
dio board approved war emergency 
plans . . . 20th Century-Fox appoint- 
ed a committee to find ways to effect 
drastic savings and economies . . . 
Will H. Hays, MPPDA prexy, stated 
that war would bring no "hate films" 
. . . MPPDA met to tackle problems 
raised by the conflict in Europe, de- 
ferred action. 

LITIGATION: United Artists filed 
its own interrogatories to the D of J 
as a counter-blast to Govt interro- 
gatories in the N. Y. equity suit . . . 
Gov't's writ plea against expansion 
of the Schine circuit did not prevent 
Schines from adding to its theater 

to revive the Trade Practice Code 
offered exhibs. by the distribs., may 
be sought by Michigan Allied whose 
prexy, Ray Branch, advocated further 
Code consideration . . . Neely block- 
(Continucd on Page 6) 

Technicians and Talent Are 

Both Lacking, U. S. 

Exec. View 

There is slim prospect of resump- 
tion of large-scale British produc- 
tion despite increasing agitation on 
the part of producers, in the opin- 
ion of both Ben Goetz and Sam Sax, 
who returned from England on the 
Nieuw Amsterdam Friday night. 

Goetz, heretofore in charge of 
British production for Metro, said 
that the company's plans were com- 
pletely at a standstill. Metro was 

(Continued on Page 6) 


Six Causes Specified in the 
Si-mm-Kopple Action 

U, K. FILM BIZ 60% 

London (By Cable) — Film busi- 
ness in the United Kingdom was 
estimated at the week-end to have 
returned to 60 per cent of normal, 
with a further boost in business in- 
dicated. Executives here were optim- 

(Continued on Page 3) 

Warner Seasonal Deals 

Set With Major Chains 

Warners have closed seasonal 
product deals with practically all 
major circuits, according to Grad 

(Continued on Page 6) 

A stockholders' suit was filed Fri- 
day in the New York Supreme Court 
by Millie Simm and Annie Kopple, 
holders of 50 shares apiece of 20th- 
Fox Film Corp. common stock, nam- 
ing as defendants 20th-Fox, Ameri- 
can Telephone and Telegraph Co., 
the Chase National Bank, Halsey 
Stuart & Co., Amerex Holding Corp., 
S. G. J. Corp., and 41 officers and 
directors of the company, charging 
mismanagement, waste and the re- 
ceipt of secret profits by the officers 
of the company. 

The complaint seeks cancellation 
of the employment contracts of Sid- 
ney R. Kent, president, Joseph M. 
Schenck, board chairman, William 

(Continued on Page 3) 

More Time to Answer Gov't 
and UA Interrogatories 

Additional time for the major 
company defendants in the Govern- 
ment's equity suit to file answers, 
or to modify the Government's in- 

(Continued on Page 6) 

National Allied Leaders to Attend 
N. y. Meet/ Split With Cohen Seen 

GUT Holding Companies 

to Act on Hoyts Merger 

Sydney (By Cable) — Proposal to 
merge some of the operations of 
Greater Union Theaters and Hoyts 
will be considered at meetings of 
the four Greater Union holding 
companies late this month, it was 
stated by N. B. Rydge. The four 
(Continued on Page 6) 

Allied Theater Owners of New 
York is expected to be reorganized 
and "rebuilt" at a meeting of mem- 
bers scheduled for tomorrow at the 
Hotel Syracuse, Syracuse, following 
what appears to be a wide-open split 
between Max Cohen, president, and 
an apparently large majority of the 

The meeting was called by E. 
Thornton Kelly, executive secretary, 
(Continued on Page 8) 

Contract Continues Exec, 
as Company's Distribu- 
tion Chief 

Ned E. Depinet, vice-president in 
charge of distribution for RKO Ra- 
dio, with which company he has been 
associated for 
the last eight 
years, signed 
a new long- 
term contract 
in that capac- 
ity with RKO 
Friday after- 

ment of the 
signing was 
made by 
Prexy George 
J. Schaefer 
before he en- 
trained for 
Hollywood shortly before midnight 
Friday. Signatures were affixed at 

(Continued on Page 6) 



Kalamazoo, Mich. — Relations be- 
tween Michigan Allied and the na- 
tional body, in view of the sentiment 
among some state members that ne- 
gotiations for a Trade Practice Code 
should be continued, is expected to 

(Continued on Page 6) 

Name Neutral Arbitrator 

in N. Y. Wage Dispute 

A neutral arbitrator has been 
named to fill out the arbitration 
board which will consider the wage 

(Continued on Page 3) 

Three U. S. Majors May 

Survive Polish Debacle 

London (By Cable) — Foreign de- 
partments here were of the opinion 
at the week-end that Poland as a 

(Continued on Page 8) 



Monday, October 2, 1939 




Vo!. 76, No. 64 Mon., Oct. 2, 1939 10 Cents 




General Manager 
: : Editor 

Published daily except Saturdays, Sundays ami 
Holidays at 1501 Broadway, New York, N. Y.. 
by Wid's Films and Film Folk, Inc. J. \V. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau. Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938. 
at the post-office at New York. N. Y., under 
the act of March 3, 1879. Terms (Post as t 
free) United States outside of fireater \ c'w 
York $10.00 one year; 6 mouths, $5.0.>; 3 
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should remit with order. Address all com- 
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Address: Filmday, New York. Hollywood. 
California— Ralph Wilk, 6425 Hollywood 
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dour St., W. I. Paris— P. A. Harle, La 
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Calimlo, Depto. 19, 5A, Dr. Lucio No. 102. 
Mexico, D.F. Buenos Aires — Chas. de Cruz. 
Heraldo Del Cinematografista, Corrientes 1309 



High Low Close 

ll'/2 11 l/ 2 1H/2 + 
) 71/2 7 7 - 

'ii/ 4 ii/4 ii/4 '■ 

8 7 /s 83/ 8 83/ 8 — 

155 155 155 — 


3 /8 

9 87/ 8 87/ 8 — 

313/4 31% 31% — 
101% 101% 101% — 









75% + 

8% . 
IH/4 - 

H/2 - 
13% .. 


Am. Seat 

Col. Picts. vtc. (2%% 
Columbia Picts. pfd.. 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. . 

East. Kodak 

do pfd 

Gen. Th. Eq 

Loew's, Inc 

do pfd 


Paramount 1st pfd.. 
Paramount 2nd pfd.. 

Pathe Film 


20th Century-Fox . . . 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros 

Keith B. F. ref. 6s46. 
Loew's deb. 3'/2s46 
Para. B'way 3s55. . . 
Para. Picts. 6s55... 
Para. Picts. cv. 3>4s47 

RKO 6s41 

Warner Bros.' cv. 6s39 


Monogram Picts 1 '/ 8 1 % 1% 

Sonotone Corp 1 14 1 V4 1 14 — % 

Technicolor llj/ 2 10% 11% + 1/2 

Trans-Lux . .« 1 Vi 1 Vi 1 Vi — % 

56% 55 56 V2 + 11/2 

4% 4 4 


931/4 92% 931/4 + 
49 49 49 





Iron Out Pact Details 

Chicago — Officers of the Opera- 
tors union and theater execs, met 
again Saturday to iron out minor 
details of the new contract. Dis- 
cussions centered about overtime 
payment and vacations with pay. 






of Every Possible Description 
Conveniently Catalogued 



BRYANT 9-5600 


B The Broadway Parade SI 

Picture and Distributor . , Theater 

Goodbye, Mr. Chips (Metro-Coldwyn-Mayer) — 21st week Astor 

The Real Clory (United Artists-Coldwyn) — 3rd week -r...Rivoli 

The Women (Metro-Coldwyn-Mayer) — 2nd week Capitol 

Nurse Edith Cavell (RKO Radio Pictures-Wilcox)— -2nd week Music Hall 

Honeymoon in Bali (Paramount Pictures) — 2nd week Paramount 

Espionage Agent (Warner Bros. Pictures) — 2nd week Strand 

Here I Am a Stranger (20th Century-Fox) Roxy 

A Woman is the Judge (Columbia Pictures) Criterion 

Full Confession (RKO Radio Pictures) Rialto 

The Challenge (Film Alliance) Globe 

The Demon Barber of Fleet Street (Select Pictures) Central 

Return of the Frog (Select Pictures) Central 

The Old Maid (Warner Bros. Pictures) (a-b) Palace 

Hawaiian Nights (Universal Pictures) (a) Palace 

I Met a Murderer (York Pictures) 55th St. Playhouse 


The End of a Day (Juno Films) — 4th week Filmarte 

A Brivele der Mamen (Sphinx Films) — 3rd week Belmont 

Betrayal (World Pictures) — 3rd week Little Carnegie 

Inside Soviet Russia (Amkino) — 2nd week Cameo 

Harvest (French Cinema Center) World 


Intermezzo: A Love Story (United Artists-Selznick) — Oct. 5 Music Hall 

$1,000 a Touchdown (Paramount Pictures) — Oct. 5 Criterion 

Dust Be My Destiny (Warner Bros. Pictures) — Oct. 6 Strand 

What a Life (Paramount Pictures) — Oct. 11 Paramount 

All Quiet on the Western Front (Universal Pictures) (d) — Oct. 11 Rialto 

Babes in Arms (Metro-Goldwyn-Mayer) (c) Capitol 

Jamaica Inn (Paramount Pictures-Pommer-Laughton) (c) Rivoli 

Eternally Yours (United Artists-Wanger) Roxy 

The Rains Came (20th Century-Fox) — Oct. 5 (a-b) Palace 

Everything's On Ice (RKO Radio Pictures) — Oct. 5 (a) Palace 

Rasputin (Concord Films, Inc.) (c) 55th St. Playhouse 

Ultimatum (J. H. Hoffberg) (c) World 

L'Affair La Font Trans-Atlantic Films) — Oct. 6 Little Carnegie 

(a) Dual bill. (b) Subsequent run. (c) Follows current bill. (d) Revival. 

20th Century-Fox to Film 
"So. American Way" in Color 

West Coast Bureau of THE FILM DAILY 

Hollywood — First result of the 
present Latin-American swing by Jo- 
seph M. Schenck, 20th-Fox board 
chairman, was the week-end an- 
nouncement that the studio will film 
"The South American Way" in Tech- 
nicolor for the current season. 

Pix, a musical, will deal with horse 
racing in South America. Story is 
by Ramon Alvarez. Ray Spence and 
Rian James will do the screenplay, 
and Harry Joe Brown will be associ- 
ate producer. 

Understood that Darryl F. Zanuck 
has signed Carmen Miranda for the 
femme lead. 

Another important pix to be aimed 
at the Latin-American market, 
"Mark of Zorro," will go before the 
cameras Nov. 27. Tyrone Power will 

Charges Disney Infringed 
His Patent in "Snow White" 

Patent infringement suit against 
Walt Disney Productions, Techni- 
color, Inc., RKO Radio Pictures and 
Technicolor Motion Picture Corp., 
was filed Saturday in the U. S. Fed- 
eral Court by Vincent I. Whitman, 
in which the plaintiff asks for an 
injunction restraining exhibition of 
"Pinocchio" and "Snow White and 
the Seven Dwarfs," an accounting 
and treble damages. 

The patent Whitman claims was 
infringed is described as a technique 
of superimposed photography in put- 
ting action on a still background 
through composite work. Whitman, 
in his complaint, states that he noti- 
fied Disney in 1937 that he was in- 
fringing on his patents. 

Laemmle's Friends to Hold 
Memorial Services Friday 

Friends and former associates of 
the late Carl Laemmle will hold ser- 
vices in his memory at the West End 
Synagogue, 160 W. 82nd St., Friday 
evening, Oct. 6, at 8:15 p.m. Rabbi 
Nathan Stern will officiate. 

The honorary committee in charge 
includes Leo Abrams, Barney Bala- 
ban, Nate J. Blumberg, Jack Cohn, 
Ned E. Depinet, James R. Grainger, 
Hal Hode, "Red" Kann, Jules Levy, 
B. S. Moss, Herman Robbins, E. M. 
Saunders, Nicholas M. Schenck, Pete 
Siebel, Herman Stern. 

A similar seiwice will be held the 
same evening in Chicago. 

Buffalo Territory Deals 

Closed for RKO by Levy 

Three major deals involving RKO's 
complete 1939-40 lineup were an- 
nounced Friday by Jules Levy, gen- 
eral sales manager. Pacts include 
those with the Shea-Publix circuit 
in the Buffalo territory, the Basil 
circuit with houses in Buffalo and 
surrounding area and the first-run 
Century Theater in Buffalo. 


Used Cinex Polishing machine. 


P. O. Box 33 Sta. C 

Christopher St., N. Y. C. 

cominc am Gome 

SIDNEY R. KENT, president of 20th-Fox, is 
expected to return to New York this week-end 
from the Thousand Islands, where he has been 

STONE arrive in Hollywood this morning from 
New York. 

JACK L. WARNER arrived in New York tx 
the week-end from the Coast. 

L. W. CONROW, Altec president, and G. L. 
CARRINGTON, vice-president and general-man- 
ager, have returned to the home office after 
business trips. 

JAMES EARNHARDT, of the Taylor Theaters, 
North Carolina, and MRS. EARNHARDT, were 
visitors at the Warner home office World's Fair 
headquarters on Friday. 

CARL LESERMAN, assistant sales manager for 
Warners, left New York Friday night for a 
visit to the company's Los Angeles branch office. 

CHARLES EINFELD, Warner ad. and pub. chief- 
tain, is expected here from Hollywood the mid- 
dle of the month. 

CRESSON E. SMITH, Western and Southern 
sales manager for RKO, left the home office 
Friday for a tour of Southern exchanges. 

NAT WACHSBERCER, vice-president and gen- 
eral manager of the Film Alliance of the United 
States, Inc., and several other company repre- 
sentatives, left New York over the week-end 
for a tour of a number of key cities on product 

H. A. ROSS, president of Ross Federal Service, 
accompanied by C. B. ROSS, has gone to the 
Middle West, where he plans to extend his 
inauiries into the economic situation in various 
branch cities. 

STANLEY HAND, staff representative of Altec, 
has returned to the home office after a trip 
through the South. 

AUBREY BLAIR, ACVA organizer, arrived in 
Hollywood at the week-end. 

MONTY PROSSER will come here from the 
Coast to exploit Wanger's "Eternally Yours." 

JERRY WALD, Warner writer, is due here for 
a two-week vacation. 

JULES LEVY returns today from Detroit. 

PECK GOMMERSALL, Universal's Chicago ex 
change head, arrived here Saturday. 

SIMONE SIMON arrives today on the Vul 

ANATOLE LITVAK returns to the Coast from 
New York in three weeks. 

BEN GOETZ arrived from England on the 
Nieuw Amsterdam Friday. 

MERLE OBERON, who arrived from England 
Friday, leaves for Hollywood this week. 

W. P. LIPSCOMB, who got in on the Nieuw 
Amsterdam, continues to the Coast this week. 








A Sound Motion Picture. 



For dates: Write, Wire or Telephone 


1600 Cenesee St., Taylor 1600, Buffalo, N. Y. 



Monday, October 2, 1939 



II. K. FILM BIZ 60% 

• r 

{Continued from Page 1) 

istic as they pointed out that despite 
the fact that the country is at war, 
and a certain amount of playing time 
and the lucrative evening business in 
r r~^7 spots are also lost, business 
ha„, and is steadily picking up. 

With no restriction on money ship- 
ments, transfers of receipts are con- 
tinuing through regular channels, on 
scheduled time in most cases. Film 
shipments to England are also con- 
tinuing with regularity. 

Paul Wir to Head Republic 
Central American Division 

Paul Wir has been named division- 
al sales manager for Republic in 
Central America, succeeding Harry 
Davis, who will be moved to South 
America to open two new branches. 
Appointments were made in line 
with the company's expansion of the 
Latin American market. 

Wir, who formerly served United 
Artists and 20th Century-Fox in Cen- 
tral America, sails Wednesday for 
Colon, which will be his headquar- 
ters. Davis will open a main office 
in Santiago, Chile, late this month. 
A branch will be set up in Valpa- 

Conn. Allied to Elect 

New Haven — Officers for the year 
1939-40 will be elected at the annual 
election meeting of Allied Theaters 
of Connecticut at the Hofbrau Haus 
restaurant today, Maurice Shulman 
presiding. Among the matters for 
consideration on the agenda is Joseph 
Schenck's appeal to theatermen to 
extend playing time and otherwise 
co-operate in the present loss of rev- 
enue from Europe. 

Herb Genter Dead 

Kansas City— Herb Genter, M-G-M 
branch office manager here, is dead. 
Genter was formerly employed at 
the Pittsburgh M-G-M exchange as 
office manager and later city sales- 
man for mox-e than 10 years, until 
he was transferred to the Kansas 
City branch over a year ago. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

C. W. Bunn 
P. A. Parsons 
Rita La Roy 



• • • PROBING our industry's past presenting its present 

and fathoming its future THE FILM DAILY CAVALCADE, 1939 

is off the press and on its way to you, you and you .... as 

both a service and, we hope a memorable momento of this 

Golden Jubilee Year the 50th Anniversary of Motion Pictures 

as reckoned from the advent of the first Kinetoscope brought out 

by Edison and Dickson in 1889 

T T T 

• * * ASSUREDLY a lot of water has gone under the 

bridge since that October a half-century ago and it is 

the purpose and function of the CAVALCADE issue to re- 
view the currents of the yesteryears view the high-water 

of industry affairs today and explore the sources from which 

tomorrow's munificence must flow So into your hands we 

commend the spirit of the book as well as the volume itself 

for your judgment of its sapphire cover-clad content 

▼ T T 

O • • SPEAKING of sinces Loew's-MG-M World's Fair In- 
formation Booth opened three months ago June 28 to be exact 

on the promontory of the magic traffic-isle at Broadway and 45th 

Since that time more than a million visitors have put their 

John Hancocks in the register Most of the million-plus came domes- 
tically from Massachusetts, Pennsylvania and Ohio The "visiting 

firemen" from foreign shores came mostly from England France was 

next numerically then Italy The booth will remain open until 

the Fair closes Oct 31 

T T T 

• • • AMIDST the week-end mail bobbled-in a right 

tydie programme in Olde English, chaps! at least the opening 

line was. . . .for it proclaimed the "Worlde Premyere" of "The 

Private Lives of Elizabeth and Essex" at the Beverly Hills The- 
ater on Wednesday night, last You can't beat the War- 

nerites when it comes to putting the pretty piece of show- 
manship parsley on screen fare and affairs 

T T ▼ 

• • • THE industry's local social leader meaning W. G. Van 

Schmus who has a dandy lil film house over on Sixth Ave 

is giving his patrons a glutton's menu of entertainment Not only is 

the main course "Nurse Edith Ca veil" but as the entre he is serv- 
ing a swell stage show Additionally, audiences are having spe- 
cial hors d'oeuvres of humor .... via the short, "Information Please" 

RKO Pathe has made a tie-in with Canada Dry's 100,000 dealers 

to push his tab-production- with-a-sparkle 

T T T 

• • • NOT to be outdone by barrage of bands at the local 
Paramount Maestro Lou Diamond who swings the ex- 
ecutive baton over Para. Music Corp decided to turn out a 

special recording of the Italian pop melody, "Ciri-Biri-Bin" 

using Bing Crosby, the Andrews Sisters, and Joe Venuti The 

finished job is a riot Decca Records expects to vend some 200,- 

000 of the torrid black "pancakes" 

T T T 

• • • "PRODUCERS Forming Guild for Their Own Protection" 

reads a Coast trade daily headline Mebbe what exhibs. need is a 



(Continued from Page 1) 

Goetz, vice-president, and Darryl F. 
Zanuck, vice-president; the cancella- 
tion of Kent's option to purchase 
stock of the company; rescission and 
accounting of the purchase of Pic- 
tures, Inc., made in 1935, and a gen- 
eral accounting and damages against 
the defendants. In six causes of 
action, the plaintiffs claim that dam- 
ages exceeding $18,000,000 have 
been caused by officials' actions. 

The complaint claims that an op- 
tion under which Kent allegedly has 
the right to purchase 10,000 shares 
of common stock a year for six 
years is unlawful and invalid. It 
also claims that Pictures, Inc., was 
owned by Joseph M. Schenck, Wil- 
liam Goetz and Darryl F. Zanuck, 
and was foisted upon the company, 
while insolvent, for a purchase price 
of over $9,000,000 and at a loss of 
$5,000,000 to 20th-Fox. The pur- 
chase by Loew's of a half interest 
of Gaumont British Pictures Corp. 
was also at a loss of $5,000,000 to 
20th-Fox, the complaint alleged. 

Transactions covering deals in 
motion picture rights, musical com- 
positions, were at a secret profit 
to officials of the company, the com- 
plaint charged. It was also claimed 
that the purchase of the stock of 
William Fox by A T & T, Chase 
National Bank and Halsey Stuart & 
Co. was made partly with assets of 
the company itself. The final claim 
made in the suit was that the com- 
pany bought off suits of stockhold- 
ers by paying $750,000 out of the 
company's treasury. 

On Oct. 13 the defendants will 
move to strike out parts of the 
complaint as irrelevant and imper- 
tinent, papers filed by the defen- 
dants revealed. 

Name Neutral Arbitrator 

in N. Y, Wage Dispute 

« « « 

» » 

(Continued from Page 1) 

scale dispute between Local 306, 
operators' union, and the New York 
circuits, it was learned Fridav night. 
Fifth man will be confirmed today 
by the Court if both sides approve 
of the selection. 

This action, which is provided for 
in the existing contract between the 
circuits and the Local, was taken 
after negotiations between the two 
parties broke down. The union is 
asking for a 25 per cent wage in- 
crease and two weeks with pay for 

It is not expected that the 25 per 
cent increase request will be met, but 
informed sources believe that some 
medium will be reached whereby ne- 
gotiations can be completed with a 
possible rider being attached allow- 
ing for a revision in a shorter time 
than a year, similar to the recent 
IA-producers contract negotiated on 
the Coast. 







Now for the excited "Ohs" 
and "Ahs" of the millions who'll rave over Sol 
Lesser 's newest personality discovery! ... A little 
girl who'd be a tremendous hit even without 
her sensational skating ability! . . . Here she is, 
all yours to sell in a great big comedy show 
with music and dancing, a swell human-interest 
story, strong marquee cast, and the most spec- 
tacular figure and rhythm skating ever attempted 
by a girl of Irene's age! 


Directed by Erie C. Kenton 
Produced by SOL LESSER 

Screen play by Adrian Landis and Sherman Lowe 

r ;< o 





{Continued from Page 1) 

the RKO home office at 5:15 p.m. 

Terms of the agreement were not 
disclosed. Depinet told The Film 
Daily over the week-end that he 
was "very happy" that his associa- 
tion with RKO was to continue. 

Depinet is the first high RKO Ra- 
dio exec, to negotiate a new com- 
mitment since Schaefer formally 
succeeded to the presidency of the 
parent company, RKO Corp. in July, 
at which time Depinet was also 
elected to latter's board. 

Highly regarded for the part he 
has played in bringing RKO Radio 
forward, Depinet has a record of 
32 years in the industry. First 
employed as ticket taker at the 
Dreamland, New Orleans, he had his 
first distribution experience in J. E. 
Pearce's exchange in New Orleans. 

Prior to his assumption in 1931 of 
the vice-presidency of RKO Pathe, 
he served as general manager of 
First National, moving up to the 
position of vice-president and gen- 
eral sales manager when that com- 
pany was merged with Warner 
Brothers. Immediately before this, 
he served in a similar capacity with 

After joining with RKO Pathe, he 
continued as vice-president until its 
consolidation with RKO Radio, when 
he became vice-president of RKO 
Distributing Company, its associate. 
Two years later, in February of 
1934, he became president of the 
distributing company. When the 
several affiliated companies were 
combined into RKO Radio Pictures, 
Inc., he became vice-president in 
charge of distribution. 

In March of 1938, a national trib- 
ute inaugurated by exhibs. was paid 
Depinet to commemorate his thir- 
tieth anniversary in the industry, 
the testimonial taking the form of 
a dinner in Dallas, Texas, the dis- 
trict in which he launched into his 
film selling career. 

GUT Holding Companies 

to Act on Hoyts Merger 

{Continued from Page 1) 

holding companies of GUT are 
West's, Spencers, Amalgamated and 
Greater J. D. Williams. 

Such a "merger" of certain ac- 
tivities had been planned some time 
ago, but will not come into force 
until approved by the GUT and 
Hoyts stockholders. 

More Time to Answer Gov't 
and UA Interrogatories 

{Continued from Page 1) 

terrogatories, was granted for 10 
days to Oct. 17, the Department of 
Justice revealed on Friday. 

In turn, the Department stated, 
the time for the government to 
answer the 38 interrogatories re- 
cently filed by United Artists Corp. 
was also extended to Oct. 17. 


IATSE Wins Studio Pay Rise 

{Continued from Page 1) 

booking bill received support from 
the ITO of West Virginia and the 
new small Oklahoma Allied unit. 
Latter Ass'n heard proposed Okla. 
chain store (and theater) tax out- 
lined by its legislative proponent, 
and urged by Col. H. A. Cole, prexy 
of national Allied . . . Long-expected 
government probe of alleged irregu- 
larities in the motion picture indus- 
try, asserted labor racketeering etc., 
got under way in Hollywood as film 
and labor execs., actors and others 
were called before a Federal grand 
jury . . . Industry was saddened by 
death of the veteran exhibitor-pro- 
ducer-distributor, Carl Laemmle, Sr. 


EUROPE: Film production in 
France, cut off by war mobilization, 
resumes this week, but at four speci- 
fied studios only . . . British film in- 
dustry, in keeping with British spirit 
in general, announced that pix busi- 
ness would continue "as usual" . . . 
Mayflower Productions (Pommer- 
Laughton) may transfer its produc- 
tion activities to the U. S. 
* * * 

CANADA : Dominion circuit execs, 
forecast a quick rise in film biz de- 
spite events in war-torn Europe . . . 
Ontario's clearance board plan is due 
for report today by its proponent, 
A-PL to the ITA. 

Warner Seasonal Deals 

Set With Major Chains 

{Continued from Page 1) 

Sears, firm's general sales manager. 

Pacts just consummated add these 
chains to the roster: 

Dubinsky Circuit, Kansas; Com- 
monwealth Circuit, Kansas; Minne- 
sota Amusement Co.; Interstate Cir- 
cuit, Boston; Graphic Circuit, Bos- 
ton; Philadelphia Chakeres Circuit; 
Hildinger Circuit; Kincey Circuit, 
North and South Carolina; Jeffer- 
son Amusement Co., Texas and 
Great States Circuit, Illinois. 

Sears said that he had received 
hundreds of unsolicited letters from 
exhibs. all over the United States 
and Canada praising the company 
for its offering of the new merchan- 
dising plan. 

Feld In Comedy Lead 

West Coast Bureau of THE FILM DAILY 

Hollywood — Fritz Feld, who re- 
cently completed a role in "Little 
Accident" at Universal, is playing 
a featured comedy lead in "Every- 
thing Happens At Night" at 20th 

English Pix to Open 

"I Met a Murderer," English film 
distributed by York Pictures, will 
open at the 55th St. Playhouse 

Monday, October 2, 1939 

British Audiences Want 

Comedies, Says Lipscomb 

Best film bets for war-time audi- 
ences in England are comedies and 
musicals, light and bright in tone, 
according to W. P. Lipscomb, scenar- 
ist, dialoguist and director, who re- 
turned to the U. S. on the Nieuw 
Amsterdam Friday night. 

Lipscomb, who remains in New 
York for a few days before en- 
training for Hollywood, predicted 
that the war would see a revival of 
the small repertoire company in 
Great Britain, and, further, forecast 
that film theater construction would 
take the form of very small houses 
in the outlying districts, thus dim- 
inishing the air raid risk. 

W. B. Levy, European represen- 
tative for Walt Disney, was another 
passenger on the ship, accompanied 
by his family. He doesn't know 
whether he will return to Europe or 
not. He said that up till the out- 
break of the war, the year had been 
the biggest one for Disney shorts 
in Europe. 

Michigan Unit to Weigh 

Natl Allied Relationship 

{Continued from Page 1) 

be a topic for discussion today when 
the Michigan unit's board of direc- 
tors meets in advance of the annual 
convention, opening tomorrow. 

Indications are that Code negotia- 
tions will be one of the highlighted 
items on the agenda. Other subjects 
to be considered will be expansion 
of the membership, particularly in 
the upstate regions, legislation and 
film buying. 

Continuation of the present reg- 
ional setup is anticipated, with occa- 
sional local meetings throughout the 

Lubitsch Yet to Select 

Story for UA Production 

First story which Ernst Lubitsch 
Productions will make for United 
Artists release in 1940 has not been 
chosen as yet, it was said here Fri- 
day by Ernst Lubitsch, associated 
with Sol Lesser in the production en- 

Lubitsch pointed out that he was 
still obligated to Metro for one film, 
"Shop Around the Corner," in which 
James Stewart and Margaret Sulla- 
van will appear, and, as a result, 
has given no consideration to the 
selection of a story for the UA pro- 

Lubitsch came on from the Coast 
to meet Mrs. Lubitsch who arrived 
on the Nieuw Amsterdam Friday 
night. He was accompanied to the 
Hoboken dock by Anatole Litvak, 
Warner director, who said he ex- 
pected to return to the C° a st in 
three weeks to start "Caesar's Wife." 
Script is now being completed by 
James Hilton. 

Opens Atlanta Branch 

Atlanta — Motion Picture Adver- 
tising Service Co., Inc., headed by 
W. Johnson, has opened a new 
branch here. 


{Continued from Page 1) 

scheduled to make three in Eng 
land this season, but the war came 
before the first had gone before the 
cameras. Goetz will confer with 
company execs, as to his fut " a ac 

Sax, last of the American con- 
tingent at the Teddington studios 
to return, said that the plant had 

London {By Cable) — British producers 
are moving for a Parliamentary show- 
down on the resumption of production 
issue. Motion calling upon the Govern- 
ment to state its policy on domestic pro- 
duction is scheduled to be introduced 
in Lords tomorrow. Commons also is 
displaying a lively interest. 

closed down but had not been taken 
over by the Government as had 
some others. Four of the 12 pic- 
tures on the WB British program f 
had been completed before hostilities 
began, it was disclosed. 

Sax said his own plans were un- 
certain, but that he would confer 
here with Jack L. Warner who ar- 
rived over the week-end from the 
Coast. Until he sailed five months 
ago to assume direction of Tedding- 
ton, Sax was in charge of Eastern 
Vitaphone production. 

Discussing British production, Sax 
declared that even should Great 
Britain cling to the quota provisions \ 
of the Films Act, there was slight 
hope for large-scale production, due 
to the service demands made on 
technicians and players. 

London, said Sax, was well pro- 
tected against air raids. Theater 
attendance there, however, suffered 
from the 6 p.m. curfew in the West 
End, he added, while in the suburbs, | 
the nightly blackout affected attend- 
ance although houses operated until 
10 p.m. 

Korda's Services Wholly 
at Call of British Gov't 

Alexander Korda's services are 
completely at the disposal of the 
British government, it was said Fri- 
day night by Merle Oberon (Mrs. 
Korda), who, carrying her gas mask, 
disembarked from the Nieuw Am- 
sterdam at Hoboken Friday. 
Whether he will be ordered to make 
additional propaganda films or 
granted permission to proceed with 
his UA program is undetermined. 

First propaganda pix, "The Lion 
Has Wings," in which Miss Oberon 
appears, was finished just before 
she sailed for this side, and Korda 
immediately turned to putting fin- 
ishing touches to "Thief of Bagdad" 
which UA will distribute. 

Star leaves for the Coast shortly 
to make a picture for Sam Goldwyn 
after which she will return to Eng- 

Return From Honeymoon 

West Coast Bureau of THE FILM DAILY] 

Hollywood — Dona Tweedale, reJ 
ceptionist at the William Morris 
Agency in Beverly Hills, who was 
married to Dr. Harold C. Holloway, 
has returned from her honeymoon. 


A Permanent Edition Commemorating the 

50th Anniversary 


Motion Pictures 

This book is now being distributed to all subscribers of 




UMi m m ^^ ALL TH E TIME 

1501 BROADWAY, N. Y. C. 



Monday, October 2, 1939 

16 Exhib. Affidavits Back U. S. Move for SchineWrit 

Arguments on Gov't and De- 
fense Motions Heard 
at Buffalo Today 

Buffalo — Schine Enterprises in 
Ohio, New York and Kentucky built 
theaters or took others over and then 
got all first-run pictures; tried to 
pay a would-be builder not to build, 
and later threatened operators whom 
he sought as lessees of his building; 
bought leases from others and closed 
the houses, and told one exhibitor 
that Schine wants no competition and 
control of every situation — such 
is the picture drawn in the 16 affi- 
davits filed by the Government in its 
injunction appeal against six Schine 
companies and three individuals. Ar- 
guments on the motion and defen- 
dants' motion for dismissal of the 
suit are scheduled here today. 

Pete J. Wood, Columbus, 0., sec- 
retary of the ITO of Ohio, and E. 
Thornton Kelly, executive secretary 
of Allied Theaters of New York, 
filed general affidavits. Wood as- 
serted Schine interests sought to 
force exhibitors to sell, lease or 
become Schine partners, to the end 
that there is no competition in 17 
situations with Schine theaters. 
Kelly declared the New York situa- 
tion was such that in only six cities, 
outside of Buffalo, Rochester and 
Syracuse, did Schine theaters find 
competition because "the major dis- 
tributors let Schine tie up all pic- 
tures, at lower prices, with greater 
cancellation privileges and unreas- 
onable clearance." 

The name of Louis Lazar, Schine 
executive in Ohio, figures largely in 
affidavits from that state. J. Myer 
Schine appears frequently to have 
visited the state, as did John A. May 
and one "Bud" Silverman, according 
to the affidavits. 

John Buchman, Delaware, 0., 
swears he lost all first-run contracts 
after a competitor sold out to Schine. 
Lazar, among others, saw him and 
finally he agreed to sell out to 

William Tishkoff and Max Fogel, 
Rochester exhibitors, swore to events 
they said followed announcement of 
their plans to build a theater, now 
the Webster. Sol Schafer and John 
May, according to Tishkoff, made 
threats to build another theater 
within the area. Matters were com- 
promised by Schine getting a 50 per 
cent interest in the Webster. Fogel's 
affidavit recounts that Schine drop- 
ued its interest in the Webster after 
acquiring the Dixie, and that where- 
as the Webster had second-run, now 

S-W Starting Philly Duals in 10 Days? 

Philadelphia — Reports were current at the week-end that some Stanley-Warner 
nabes would inaugurate duals within a week or 10 days. No confirmation was forthcom- 

U Splits Branch Operation 
And Maintenance Department 

P. T. Murray has been appointed 
manager of branch operations and 
0. C. Binder has been named mana- 
ger of exchange maintenance for 
Universal by William A. Scully, gen- 
eral sales manager. Division of re- 
sponsibilities in the operation and 
maintenance of the exchanges was 
necessary, it was said, because of 
increased activity. 

Meanwhile, Scully held week- 
end conferences with the company's 
six domestic sales managers to dis- 
cuss problems resulting from the 
European war. Attending the ses- 
sions were: A. J. O'Keefe, Los An- 
geles; E. T. Gomersall, Chicago; 
Pete Dana, Kansas City; H. D. 
Graham, Atlanta; Dave Miller, 
Cleveland, and A. J. Herman, New 
York City. Home office sales execu- 
tives also attended. 

London Theater Biz 
Said 70% of Normal 

London (By Cable) — Theater business 
here during the last week has been 
about 70 p.c. of normal. This 30 p.c. 
drop from normal patronage is looked 
upon as good in face of the war situa- 
tion. Theaters vary their closing times 
from 6:30 to 10:30 at night. 

Westway Defense Wins 4 of 1 2 
Points in Particulars Bill 

Baltimore — Four of the 12 points 
asked by defendants in the Westway 
Theater injunction case against the 
Edgewood Theater and seven ma- 
jors were granted by Judge Calvin 
W. Chestnut in Federal District 
Court here. 

By decision defense will furnish 
letters to and from film exchanges 
notifying them of the theater com- 
pany's intention to build a new house 
and its offer to buy producers' prod- 
uct. Defense has 10 days in which 
to file reply, and plaintiffs 10 days 
to answer and show cause why in- 
junction should not be granted. 

Don Roberts Appointed 

S-l Publicity Director 

West Coast Bureau of THE FILM DAILY 
Hollywood — Russell Birdwell, pub- 
licity counsel for Selznick-Interna- 
tional, has appointed Don Roberts 
as publicity director for that com- 

Three U. S. Majors May 

Survive Polish Debacle 

(Continued from Page 1) 

market for films, both for American 
companies and other distributors, has 
shrunk to all but the vanishing 

Only U. S. survivors of the Polish 
debacle, in all probability will be 
Metro, Paramount and 20th-Fox, 
now operating in Germany, and there 
is no indication that their opera- 
tions will be stopped in the Polish 
territory taken over by the Nazis. 
The Russian half of the dismembered 
state will be completely closed. But 
it may be months or longer before 
exhibition is resumed to any extent 
in the German territory, as reports 
indicate many houses are ruined. 

In the case of at least three ma- 
jor American companies, there have 
been no reports from their Polish 
offices and executives as to what 
losses have been incurred. 

Business here has picked up to 
some degree in the large cities, al- 
though still below normal, and busi- 
ness in the shire theaters has just 
returned to normal. Reports indicate 
that the same business condition 
exists in France, with business good 
in the provincial houses, but sub- 
normal in Paris and other large 

AGVA Board Designates 

Mrs. Bryant as Secretary 

At a board meeting on Friday, 
the directorate of the American 
Guild of Variety Artists appointed 
Mrs. Dorothy Bryant to serve as 
the organization's executive secre- 
tary, effective today. 

Mrs. Bryant served from 1919 to 
1937 as executive secretary of Chorus 
Equitv, and was instrumental at 
the time of NRA in framing the 
contracts for vaudeville and cabaret 
performers, as well as the chorus 
wins- of the entertainment field. 

it has to pay more for third-run pic- 

Richard de Toto of Geneva, who 
now manages a theater in Clifton 
Springs, cited experiences with the 
Seneca, Seneca Falls. He swears that 
after the Schine interests obtained a 
lease on the Strand, it also got one 
on the Seneca and closed it. Twice, 
de Toto adds, he obtained backers 
for construction of new theaters in 
Seneca Falls, but "threats of Schine 
to build theaters themselves scared 
off the backer each time." On an- 
other occasion, de Toto planned a 
theater in Canadaigua. Again, he 
swears, there were threats to build 

another theater. There still is only 
one movie house there, a Schine 

H. P. Wallace, Auburn Capitol, 
swears that when Schine took over 
the Jefferson, Palace and Strand, 
he lost the product of eight majors, 
that efforts to buy his lease were 
made, and also attempts to get city 
officials to close his theater. 

H. H. Owens, Barbourville, Ky., 
lawyer, makes the charge relative 
to threats to possible operators in 
connection with a building he con- 
structed in Corbin, Ky., and also the 
allegation that he was offered sub- 
stantial sums not to build. 


(Continued from Page 1) ( 

at the formal written dema J of 
three members of the board. Nation- 
al Allied leaders, including Sidney 
Samuelson, Frank Lydon, Lee New- 
bury, Arthur Howard and perhaps 
Abram F. Myers are slated to at- 
tend. It is understood that the reor- 
ganized group will re-affiliate with 
national Allied, having been dropped 
previously by the national board. 

According to a bulletin issued over 
the week-end, the "directors request- 
ing the meeting are asking for a full 
report of the entire situation that 
has developed between our organiza- 
tion and national Allied." Other sub- 
jects also are scheduled for discus- 
sion. Whether Cohen will attend is 
not known for sure, but indications 
are that he will be represented. 

Detroit Film Row Turns 

Out for Nat Levy Dinner 

Detroit— Members of local Film 
Row turned out en masse here Sat- 
urday night to attend the testimonial 
dinner accorded to Nat Levy, East- 
ern central district manager for 
RKO Radio, who is moving his head- 
quarters from this city to Philadel- 

Event, sponsored by the Detroit 
Variety Club and held in the Book- 
Cadillac Hotel, was attended by 
Jules Levy, RKO Radio's general 
sales manager; a large delegation 
of eastern exchange managers who 
journeyed here to also attend yes- 
terday's sales conference with Jules 
Levy; and all the Detroit exchange 
managers for the other major com- 
panies and leading indies. 

The dinner committee was headed 
by Eddie Heiber of Universal, and 
comprised additionally James F. 
Sharkey, RKO Radio; John Howard, 
Paramount; Lester Sturm, 20th-Fox; 
William Flemion, Excellent; Sam 
Seplowin, Republic; Harlan Starr. 
Monogram; Moe Dudelson. UA; 
Frank J. Downey, M-G-M; F. E. 
North, Vitagraph, and Carl H. Sha- 
lit, Columbia. 

"Skippinc/" is Out, 
by Wobber Decree 

"Skipping" of pictures is out insofar 
as 20th Century-Fox is concerned, ac- 
cording to Herman Wobber, general man- 
ager of distribution, who has so ad- 
vised all exchanges. 

"We want no part of that," Wobber 
states. "We have a schedule in which 
the order of release for every picture 
is clearly indicated. Hurdling this or 
that picture, or pictures, destroys the 
purpose of the release schedule, and 
brings about disorder in more ways than 

M l» l> WM I) <5t IJ I S T 

7 n w 


Intimate in Character 
International in Scope 
Independent in Thought 

FlL. J Y 


The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 


V0^6, NO. 65 



N- -/. Allied Votes to Maintain Present Price Scales 


Reserve Decision in Gov't's Schine Expansion Injunction 

Next Tuesday Set to Continue 

Hearing of Arguments and 

Particulars Moves 

Buffalo — Decision was reserved 
late yesterday afternoon by Federal 
Judge John Knight on a motion by 
the Government seeking a tempor- 
ary injunction to "prevent expan- 

1 sion" of Schine Chain Theaters, 
Inc., which operates film houses in 

"five states. 

Judge Knight heard arguments by 
Attorney Frederick H. Wood, New- 
York, representing the Schine group; 
John Lord O'Brian, counsel for War- 
ner Bros., Vitagraph and Paramount, 
and Seymour Krieger, Washington, 

(Continued on Page 4) 


Cincinnati — A F of L yesterday 
announced its continued opposition 
to the Neely Bill in a report of the 
.Executive Council to the Fifty-ninth 
'Annual Convention. 

"S. 280, to prohibit and prevent 
J the trade-practices known as 'com- 
pulsory block-booking' and 'blind 

(Continued on Page 5) 

Tri-States Seeking Writ 

to Bar Goldberg Opening 

Omaha — Tri-States Theater Corp. 
of Des Moines, la., operators of the 
Orpheum and Omaha theaters here, 
has filed a petition in Federal Court 
seeking to restrain Ralph D. Gold- 

(Continued on Page 5) 

Hollywood Studios Send 

10 More Before Cameras 

West Coast Bureau of THE FILM DAILY 

Hollywood — Ten new pictures are 
scheduled to go into work this week: 

At Columbia: "Cop From Hell's 

At Paramount: "Opened by Mis- 

(Continued on Page 8) 

Quebec Permits Chilren to See Metro's 

"Wizard of Oz"; Provincial Law Relaxed 

Montreal — Children, accompanied by their parents or an adult, are allowed to see 
"The Wizard of Oz" now showing at Loew's Theater, Provincial law on the admission 
of minors f o theaters having been relaxed for this partcular film. Announcement to 
this effect came from Gilbert Layton, Minister without Portfolio. He emphasized 
that he had raised the issue with the Attorney-General's Department and that Premier 
Maurice Duplessis had given his permission to lift the ban on minors so they could 
enjoy Metro's screen version of the fantasy. Hundreds of Montreal children saw the 
film at all showings Sunday. 



No salary cuts are contemplated 
by Universal even though the Eu- 
ropean war has curtailed foreign 
grosses, six district managers were 
informed at week-end conferences 
with William Scully, general sales 
manager. However, the district 
chiefs were instructed to eliminate 
waste wherever possible and to op- 

(Continued on Page 5) 

Union Talks Extension 

of F & M House Picketing 

St. Louis — Picketing of six nabes 
owned by the St. Louis Amusement 
Co., being operated by Fanchon & 
Marco under a 10-year contract by 
local 143 may possibly spread to 

(Continued on Page 5) 


Nashville, Tenn. — Sources close to 
the defense in the Government's 
anti-trust action against the Cres- 
cent Amusement Co., et al, assert 
here that the hearings in the case, 
tentatively scheduled to be held on 
Friday, will not get under way until 
a later date. 

Over the week-end, the defendants 
filed a motion for a bill of particu- 

(Continued on Page 5) 

Says Brit. Actors Here Safe 
in Signing New Pix Contracts 

West Coast Bureau of THE FILM DAILY 
Hollywood — That British subjects 
now working in Hollywood pictures 
will not be required to enter war 
service immediately inasmuch as 

(Continued on Page 4) 

Allied of New Jersey Votes Against 
Boosting Scales in Member -Theaters 

Edward Maertz, Prexy 

of Wisconsin ITPA, Dead 

Milwaukee — Edward F. Maertz, 
56, pioneer Milwaukee exhibitor, and 
president of the ITPA of Wisconsin, 
is dead here. During his 26 years 
in theater business, Maertz operated 
Comfort and Zenith theaters. He 
is survived by his wife, two daugh- 
ters and a son. 

Allied of New Jersey yesterday 
voted against raising admission 
prices in the member-theaters. After 
a thorough discussion of the situa- 
tion, it was decided that this was no 
time to either cut or advance price 
scales, but maintain present levels 
until the box offices reflect the eco- 
nomic situation one way or another. 

In discussing product buying, 
members complained that some 

(Continued on Page 4) 

Unit Prexy Says National Is 

Attempting to Raid State 


Denying that there was any split 
in New York Allied and accusing 
national Allied of attempting to 
"raid" the membership of the state 
unit, Max Cohen, president, hurled 
a blast at the national leaders in a 
bulletin issued yesterday. Cohen 
also declared that E. Thornton Kelly 
was no longer executive secretary of 
the association and that the latter 
had no authority to call the meeting 
scheduled for today in Syracuse or 
to speak directly or indirectly where 
New York Allied is concerned. 

The meeting in Syracuse was 
called assertedly to form a new or- 
ganization which would affiliate with 
national Allied. The gathering was 
called by Kelly, who stated over the 
week-end that he did so at the re- 

(Continued on Page 8) 


Negotiations between Pat Casey, 
producers' labor representative, and 
William Bioff, IATSE representa- 
tive, and Charles Downs, business 
agent for Local 644, Eastern camera- 
mens' union, will be started imme- 
diately in Hollywood, with Downs 

(Continued on Page 8) 

RCA, Farnsworth Sign 

Tele Patent Agreement 

Patent license agreements have 
been signed by RCA and the Farns- 
worth Television & Radio Corpora- 
tion by which each party has the 
right to use the inventions of the 

(Continued on Page 4) 

M of T Suspends Plans 

for Commercial Films 

The March of Time has temporar- 
ily suspended plans for production of 
commercial motion pictures, it was 

(Continued on Page 5) 



Tuesday, October 3, 1939 

Vol.76, No. 65 Tues., Oct. 3, 1939 10 Cents 

JOHN W. AL1COATE : : : : Publisher 


General Manager 
: : : Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau. Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $'S.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118, 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. Hollywood, 
California— Ralph _ Wilk, 6425 Hollywood 
Blvd., Phone Granite 6607. London — Ernest 
W. Fredman, The Film Renter, 127-133 War- 
dour St., W._ I. Paris— P. A. Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
soulan (12). Mexico Citv — Marco-Aurelio 
Calindo, Depto. 19, 5A, Dr. Lucio No. 102, 
Mexico, D.F. Buenos Aires — Chas. de Cruz. 
Heraldo Del Cinematografista, Corrientes 1309. 

f innnciRL 


High Low Close Chg. 

Am. Seat 

Col. Picts. vtc. (2i/ 2 % 
Columbia Picts. pfd.. 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. . . 

East. Kodak 

do pfd 

Cen. Th. Eq 

Loew's, Inc 

do pfd 


Paramount 1st pfd... 
Paramount 2nd pfd.. . 

Pathe Film 


20th Century-Fox . . . 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros 

do pfd 


) m 



73/8 71/ 2 + 1/8 

171/2 18 + 7/ g 

T/4 VA 

154i/ 2 1521/z 1521/2 — 3 

1561/g 156% 1561/s 

9 83A 9 

323,4 31 3234 + 1% 


71/4 + 1/4 

81/2 8i/ 8 81/2 + 1/8 

111/2 103/4 10^4 

1% 11/2 11/2 — Va 

131/s 13i/ 8 i3y 4 + i/ 8 

221/2 221/2 221/2 — 1/2 



Keith B. F. ref. 6s46 

Loew's deb. 3!/ 2 s46... 93l/ 2 93i/ 2 93l/ 2 + 1/2 

Para. B'way 3s55 

Para. Picts. 6s55 

Para. Picts. cv. 3 !/ 4 s47 78l/ 2 78 78 — 1/2 

RKO 6s41 531/g 53 53—2 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 80 80 80 — 1/2 

Monogram Picts 

Sonotone Corp 11/4 1 V4 1 !4 

Technicolor 11 1/2 lH/ 8 IH/2 


Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd 100 

Fox Thea. Office Bldg. 1st '46 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45 

Roxy Thea. Bldg. 4s 1st '57 






of Every Possible Description 
Conveniently Catalogued 



BRYANT 9-5600 


Chicago Mayor Proclaims 
MP Week, Lauds Industry 

Chicago — Acting at the instiga- 
tion of Joseph Esler, The Film 
Daily's local correspondent, Mayor 
Edward J. Kelly has issued a proc- 
lamation setting aside the period 
Oct. 6-12 as Motion Picture Week 
and calling upon all citizens to co- 
operate "to the fullest possible ex- 
tent in the celebration of this im- 
portant event." 

Proclamation cites that films "have 
constituted one of the important 
steps in the progress of America 
and have contributed in great meas- 
ure to the advance of this country's 
education, culture, science, industry 
and commerce" and further stresses 
that the industry "has become one 
of the leading industries of the 
world and has provided extensive 
employment for our citizens." 

S-W Weighs Duals for Nabe 
Use, Not Philly Capitol 

Philadelphia — The Stanley-War- 
ner circuit is considering putting 
twin bills into some of its neighbor- 
hood houses here to compete with in- 
dependent theaters using a dual 
policy, it was reported yesterday. To 
date no Stanley-Warner house has 
ever played a double bill in this ter- 

S-W executives here deny that 
their first-run Capitol in the down- 
town area will change its policy, 
even though duals may be adopted 
in some of the circuit's houses. It 
was stated that the matter had not 
even been considered regarding the 

Circuits-306 Meet Tomorrow 
on Wage Dispute Arbitrator 

Meeting scheduled yesterday for 
approval or rejection of a fifth ar- 
bitrator in the wage dispute between 
the New York circuits and Local 
306, projectionists union, was post- 
poned until tomorrow. 

The fifth man has been named, ac- 
cording to a stipulation in the union's 
contract with the circuits, but he 
must be approved by both sides. 
He immediately will be confirmed by 
the Court if the selection is agree- 

"Rains" Keeps Up Record 

Reports received at the 20th Cen- 
tury-Fox offices in New York show 
that "The Rains Came," which has 
topped "Jesse James" in all of its 
engagements, has received double 
playing time in 97 per cent of the 
total bookings throughout the coun- 

Immerman Testifies 

Chicago — General Manager Walter 
Immerman of B & K was questioned 
for two hours yesterday by Attorney 
Sigmund David in a hearing on the 
W. H. Young Gary Theater case. 
Max Halperin, Warner booking man- 
ager, was excused until today's hear- 

Griffith Denies Trying 

to Block Competition 

Oklahoma City — Defendants in 
the Oklahoma Theaters Inc. (Mo- 
mand) application for an injunction 
to procure pictures for its Odeon 
theater in Shawnee, have filed 
answers in Federal Court here. The 
theater company asks that the court 
force defendant distributors to sell 
it film not already under contract 
for Shawnee. It alleges that there 
are many films in local vaults not 
contracted for in Shawnee and 
which distributors have refused to 
lease it. 

Competitor Griffith Amusement 
Co., also named a defendant, filed 
an answer stating that it was not 
attempting to stop competition from 
the Odeon, as alleged in the peti 
tion, and asked that the suit be 
dismissed. Separate motions pre 
senting similar denial answers and 
asking dismissal were filed by de- 
fendants Paramount Film Distribut 
ing Corporation, RKO Radio Pic 
tures Inc., Loew's, Inc., Universal 
Film Exchanges, Inc., Twentieth 
Century-Fox Film Corp., Columbia 
Pictures and Vitagraph, Inc. 

Holmden Called to Coast 

as Grand Jury Witness 

Cleveland — Settlement of the op- 
erators' wage scale with subsequent 
run theater owners, to take the 
place of the agreement which ex- 
pired Aug. 31 is postponed until 
Harland Holmden, business manager 
of Local 160 and national vice-presi- 
dent, returns from the Coast where 
he was called to testify before the 
Federal Grand Jury investigating 
asserted labor racketeering and tax 
evasion in the industry. 

Cincy Branch Captures 

Metro's Sales Contest 

Cincinnati — E. M. Booth, man- 
ager, announces M-G-M's Cincy of- 
fice led the company's 32 branches 
in the 1938-39 sales and billing con- 
test. Awards include two weeks' 
salary for salesmen and bookers, one 
week's for entire personnel. 

The entire branch will be guests 
at a Victory dinner, Friday, with 
the Cleveland and Pittsburgh 
branches as hosts. 

31 of 20th-Fox's '39-40 Pix 
Now Completed or in Work 

West Coast Bureau of THE FILM DAILY 
Hollywood — Thirty-one of the 48 
pix to be produced here by 20th-Fox 
for 1939-40 release are finished, in 
the cutting room or in production. 
All remaining pix will be before 
the camera by early January and the 
company expects to have entire line- 
up completed early the following 

J. J. Grady III 

Cincinnati — J. J. Grady, 20th-Fox 
mgr., is confined to his home by ill- 

cominc mid GOinG 

leave for Dallas tomorrow. 

HERBERT WICOX and his star, ANNA 
NEAGLE returned to Hollywood yesterday after 
a series of personal appearances at special pre- 
views of "Nurse Edith Cavell." 

BEN COETZ and MRS. COETZ ar, . the 

DEL GOODMAN, far Eastern manager for 20th- 
Fox, has returned to New York after a Coast 
vacation. He expects to return to the Orient 
on the President Coolidge on Oct. 17. 

W. E. CALLAWAY, Warner Coast district 
manager, returns to Hollywood this week after 
home office conferences. 

CHARLES DOWNS, business agent for Local 
644, cameraman's union, arrives in Hollywood 
this morning from New York. 

SAMUEL ROSEN, of Rosen's Film Deliveries 
and theater interests in Connecticut, is vaca- 
tioning in Maine. 

DECHANTEL SMITH, of the Paramount ex- 
change staff. New Haven, is taking a vaca- 
tion in the West. 

JACK BENNY has returned to Hollywood. 

AL BYRNE, secretary to John Balaban, is 
vacationing in Connecticut. 

I. JACOBSON, manager of the operators and 
booth equipment for B & K, is spending a vaca- 
tion in the north woods. 

CHICO MARX and his wife and daughter are 
at the Blackstone Hotel in Chicago for a few 
days stay. 

MARY MARTIN has returned to New York 
after completing a role in a forthcoming Para- 
mount production. 

JANE WITHERS arrives here shortly from the 
Coast for a vacation. 

CEORCE B. WEST has returned from the 
Coast, via a Chicago stopover. 

Would Stop Films Showing 

Unprofessional Lawyers 

Syracuse — Onondaga County Bar 
Association at its annual meeting- 
adopted a resolution calling on Onon- 
daga county theater managers to 
cease exhibiting pictures asserted 
as a motion picture campaign to 
exploit "sharp, shrewd unprofes- 
sional and trickster lawyers" as a 
reflection on the entire legal profes- 
sion. Copies will be forwarded to 
producers and the American Bar 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 


James R. Crainger 

■ Leo McCarey 

Claude Allister 

Lou Guimond 

Frank B. Good 

Henry Clive 
Edward Raftery 





Directed by RAY ENRIGHT 

Screen Play by Jerry Wald and Richard Macaulay 

Adaptation by Sig Herzig and Lawrence Riley • Based 

on the Musical Play by RICHARD RODGERS, 


A First National Picture 

Who isn u 

They've previewed 1'ON YOUR TOES 7 land 
mama! —that Zorina! If The Old Maid 1 made 
you happy this'll make you turn hand- 
springs! It's a Warner biggie— looks like THE 
biggest! More about it later. ..a lot more! 



Tuesday, October 3, 1939 


(Continued from Page 1) 

majors were not selling in accordance 
with their announced policies, espe- 
cially in regard to forcing of shorts 
and cancellation privileges. How- 
ever, Lee Newbury, president, said 
that it may be that the sales staffs 
had not been informed of recent 
changes in selling plans and that 
New Jersey Allied was willing to 
give them the benefit of the doubt 
for the time being. 

The next meeting of the organiza- 
tion is to be held at the Cochrane 
House, Newton, on Oct. 17. 

Says Brit. Actors Here Safe 
in Signing New Pix Contracts 

(Continued from Page 1) 

England has more volunteers than it 
needs, was the statement made by 
Herbert Wilcox yesterday on his re- 
turn to Hollywood. 

He declared that he and his star, 
Anna Neagle, had planned to return 
to England immediately but were ad- 
vised by British authorities that they 
should remain in Hollywood until 
such time as they would be needed. 

He said he believed that British 
subjects here would be safe in sign- 
ing new picture contracts and that 
no one would be forced to leave in 
the middle of a production. 

Wilcox declared he had no imme- 
diate production plans, but predicted 
that as a result of foreign production 
being at a very low ebb production in 
Hollywood would boom. 


S. Distributors Resume 
Trade Shows in London 

London (By Cable) — As a sign 
that normalcy — or something akin to 
it — is approaching in the British 
trade, RKO Radio yesterday inaugu- 
rated a series of six screenings at the 
Cambridge Theater. Pix to be trade 
shown through Friday include "Con- 
spiracy," "Nurse Edith Cavell," "The 
Day the Bookies Wept," "In Name 
Only," "Shadowed Eyes" and "Meet 
Maxwell Archer," latter two British 

UA showed "An Englishman's 
Home" at the Pavilion yesterday; 
Metro shows "These Glamour Girls" 
today, and Paramount has "Million 
Dollar Legs" set for today, "Our 
Leading Citizen" and "Island of Lost 
Men" tomorrow, "Range War" on 
Thursday and "Night Work" on Fri- 



Chicago — Indicative of 

the attention 

being given to extended 



"The Women" is in its 

fourth at the 

United Atists and "Beau 



at the Apollo. "In Name Only" 


at the RKO Palace, and ' 

The Old 


at the B & K Chicago. 


with PHIL M. DALYi 

T T T 

• • • THERE'S no longer such a thing as isolation in the 

U.S. A and we're convinced of it although we're ready to ad- 
mit that Isolationists and Non-Isolationists exist For many 

years there has been a crack-pot theory to the effect that 

folks in the great open spaces of our land didn't think in parallel 

with city slickers The truth is that people are so essentially people 

that they are interested fundamentally in fundamental things 

and that's that As if in proof that we all apply our scrutiny 

and gray-matter to the basic problems in life up bobs Cheyenne .... 

T T T 

• • • WHAT happened in the Wyoming capital has a 

lesson attached to it which far outweighs the event to which 

we allude According to reports the 'test-run" out there 

of Monogram's new feature "The Fight for Peace" 

narrated by David Ross from the commentary penned by 

Hendrik Willem Van Loon kicked up quite a cloud of dust 

still according to reports the populace of Cheyenne 

was so interested in the current question of keeping 

America out of war that folks "hopped on their ponies" 

gave a cold shoulder to a local pix which was a downright wow 

and rode over, preferentially to see "The Fight for 

Peace" The important thing is that this collective act 

demonstrates convincingly and conclusively that in the broad 

matters affecting our national life and well-being there is 

no difference twixt the mental processes of the Wyoming citizenry 
and the city slickers 

T T ▼ 

• • • TRADE and met. daily critics put on their bibs yes'day 

noon as guests of the French Cinema Center to celebrate the 

advent of "Harvest* ' at the World Theater here Luncheon 

was at the Champlain Restaurant in West 49th St as is the the- 
ater Present included. .. .Kelcey (Women's Wear) Allen. F. (NBC) 

Auberjounois. B. (New York Post) Goldreyer. the Messrs. Chauncey and 

Dana of the Herald Trib Arthur Carf ield Hays Bob Hatch of 

the Viking Press The Times contingent comprised Frank Nugent, 

Bosley Crowther, Tom Pryor, Max Ginsburg and A. R. Dwyer Repre- 
senting the French Cinema Center distributor of the film 

were Andre Heymann, president Charles Jahrblum, who titled and 

edited the pix Herman Weinberg, publicity director S. Ernest 

Pelson, general sales manager Gilbert Josephson, who operates the 

World Theater was there, too with Mrs. Josephson and 

of course the trade press was well represented 

T ▼ ▼ 

• • • THE long arm of the industry It is a long arm, 

too when you stop to think Ceferino Garcia the 

Philippine bolo puncher, who battled Fred Apostoli in the 

Garden last night was once upon a time the chauffeur 

for a former Manila manager for 20th-Fox in that city. . . 9 Just 

out a new book on flying by William Chambliss 20th- 

Fox publicity department contact with the met. papers Sub- 
ject matter of the opus deals with Navigation, Meteorology, Civil 
Air Regulations, and sundry 

T ▼ T 

• • • TODAY'S Fadeout Line courtesy of Charles H. Ryan 

who edits the Exploitation Bulletin for Warners' Chicago The- 
aters "Give me the man who instead of telling you what 

should be done goes ahead and does it" 


(Continued from Page 1) 

D. C, special attorney for the U. S. 
Department of Justice. 

At the conclusion of the ^ 1-day 
session, Judge Knight se next 
Tuesday for continuance oi* argu- 
ments. At that time all motions 
for bills of particulars will be heard. 

In arguing for dismissal of the 
injunction, Attorney Wood said his 
clients are not engaged in inter- 
state commerce and that exhibition 
of films is purely "local business" 
and not within the realm of the 
Sherman Anti-Trust Act nor Federal 

Krieger declared that the Schine 
group purchased films "in mass," 
which restrained trade and consti- 
tuted "anti-trust act violation." 

O'Brian asked dismissal "because 
the injunction would freeze out the 
film market for distributors." Wood 
added that it was within the right 
~>f the exhibitor "to buy whatever 
pictures he sees fit, regardless of 
what the competitor may want." 

RCA, Farnsworth Sign 

Tele Patent Agreement 

(Continued from Page 1) 

other in television and other fields, 
RCA announced yesterday. 

RCA has acquired a non-exclusive 
license under Farnsworth patents 
for television receivers, transmitters 
and "other radio and sound record- 
ing and reproducing apparatus." 

Farnsworth has, in turn, acquired 
a standard non-exclusive license for 
broadcast and television receivers 
and electrical phonographs under 
RCA patents and also other non- 
exclusive licenses for television and 
broadcast transmitters and "for its 
other field of business." Neither 
organization acquires any right to 
grant sub-licenses to third parties 
under the patents of the other cor- 

"U" Chi. Branch Ready 

to Tackle Indie Deals 

Chicago — Universal's Chicago ex- 
change, upon the return of Peck 
Gommersall from New York con- 
ferences, will concentrate on deals 
with indies in the local territory. 

"U's" branch, in addition to clos- 
ing deals with all down-state cir- 
cuits, has signed Essaness, Warner, 
Alliance and Indiana and Illinois 
circuits here. 

« « « 

» » » 

Solved! ! ! 

Denver — The question of what to do 
when you win an auto on your girl 
friend's ticket, presented itself to Ben 
Achziger, who attended the auto draw- 
ing at the Cover Theater, Fort Morgan 
The drawing was by number— and the 
number was the one he held but the 
ticket belonged to Esther Mills. They 
solved it by marriage, routing a iudee 
out of bed. ' 8 

Tuesday, October 3, 1939 



(.Continued from Page 1) 

erate the branches in their areas 
on an economical basis. 

"-n lly told the district leaders 
th~Ey2he company must depend large- 
ly on the domestic market for its 
major gross business and that every 
effort must be made to increase busi- 
ness in this country. 

Sales policies were discussed and 
a screening of "The Road Back" was 
held. District men attending the 
sessions were A. J. O'Keefe, Los An- 
geles; E. T. Gomersall, Chicago; 
Pete Dana, Kansas City; H. D. 
Graham, Atlanta; Dave Miller, 
Cleveland, and A. J. Herman, New 
York City. 

Scully and F. J. A. McCarthy 
leave tomorrow for Dallas to con- 
fer on a new product real with the 
Interstate Circuit. 

Crescent Amusement Co. 
Demands Bill of Particulars 

(Continued from Page 1) 

lars in the U. S. District Court for 
the Middle District of Tennessee, 
Nashville Division, seeking from the 
Government wide amplification of the 
charges which embraced conspiracy, 
monopoly, and restraint of trade with 
respect to film trade. 

Defendant group, in addition to 
Crescent Amusement Co., comprises 
Lyric Amusement Co. Inc.; Nu- 
Strand Corp.; Cumberland Amuse- 
ment Co.; Strand Enterprises, Inc.; 
Rockwood Amusements,: Inc.; Cher- 
okee Amusements Co.; Kentucky 
Amusement, Inc.; and several indi- 


Cleveland — Jack Essick, son of 
Percy E. Essick of the Scoville, Es- 
sick and Reif circuit, and of Mrs. 
Essick, was married on Thursday to 
Miss Shirley Lois McNamara in the 
First Presbyterian Church of Akron. 
Ray Essick, brother of the groom 
was best man, and Mrs. Ray Essick 
was matron of honor. After a 
honeymoon trip East, the couple 
will make their home in Cleveland 
where Jack is associated with his 

Indianapolis — William Schwartz, 
booker at the M-G-M exchange here, 
will be married to Roslyn Rosenbluh, 
Dec. 17 at the home of the bride in 
New York City. 

Greenfield, Mass. — It will be wed- 
ding bells for Herbert Brown, man- 
ager of the Waller Theater in 
Laurel, Del. and Gerda Rosenzweig 
of this place. Brown was formerly 
with Western Massachusetts The- 
aters, Inc. 

Canadian Film industry Aids Enrollment 

Of Dominion Women for War-Time Service 

Toronto — Canadian film industry is aiding in speeding up the voluntary registration 
of Dominion women for war service. National publicity committee for the survey of 
woman-power has Ray Lewis of the Moving Picture Digest as chairman. Many theaters 
are co-operating by making facilities available for booths. 

Tri-States Seeking Writ I Union Talks Extension 

to Bar Goldberg Opening of F & M House Picketing 

(Continued from Page 1) 

berg, circuit owner, from opening 
the State theater. All three houses 
are within three blocks of each 
other in main business sector. 

Five corporations in which Gold- 
berg is said to be interested also 
are named. Petition states the 
World Realty Co., which holds 99- 
year leases on the Omaha and State, 
agreed in 1934, when subletting the 
Omaha to Tri-States, to keep the 
State dark during that period. 

Petition sets forth that downtown 
sector is already overseated and 
charges that State and Omaha 
houses are so close that if former 
were reopened, latter would lose 
$15,000 a month in grosses. 

Also named as defendant is 
Adolph L. Kaplan, former New York 
fur dealer, who will open and op- 
erate the State. Goldberg previous- 
ly had told Film Daily he was only 
an advisor and that Kaplan was 
sole owner but the petition charges 
that Kaplan is in Goldberg's pay. 

Petition quotes trade papers which 
reported new house would open 
about Oct. 15. 

National Radio Ad Rate 

Suggested for % Films 

Donahue & Coe has revived the 
question of national and local sta- 
tion rates with a letter sent to out- 
lets which have received contracts 
for spot advertising Metro's "The 
Women." Station managers are 
asked to indicate the cost of adver- 
tising if it had been placed at the 
local rate, instead of the national 
figure. Agency also requests sta- 
tions to submit both local and na- 
tional rate cards. 

Although the letters do not def- 
initely state that any change of 
policy is planned, it is believed that 
the agency is making a study of 
comparative costs. One station 
representative who has received a 
copy of the letter from the station 
to which it was sent, declares that if 
pictures are issued to theaters on a 
percentage basis, the business should 
be classified as national. 

Six Regional Premieres 

Six regional premieres of "Holly- 
wood Cavalcade," new 20th-Fox 
Technicolor special, will be held this 
week, it was announced yesterday. 
Picture opens today in Los Angeles, 
on Friday in Cincinnati, Philadelphia, 
Omaha and Houston, and on Satur- 
day in Dallas. Trade showings are 
being held throughout the country 
this week. General release date on 
the film is Oct. 13. 

(Continued from Page 1) 

19 other houses opened by F & M, 
according to Robert A. Roessel, at- 
torney for the union. The picket- 
ing began because of a dispute over 
the employment of nine projection- 
ists who are reported to be adher- 
ents of John P. Nick, ousted head 
of local 143. 

The nine projectionists have been 
suspended from the union, although 
not dropped from membership, be- 
cause of their acceptance of assign- 
ments from F & M without consent 
or knowledge of the local. 

The theaters involved thus far 
are the Dakota, Granada, Lafayette, 
Maffitt, Pageant and Shady Oak, the 
latter being situated in Clayton, a 

Pittsburgh V. C. Dinner 

on Oct. 29 Honors Cohn 

Pittsburgh — Eleventh annual ban- 
quet of the local Variety Club, Tent 
No. 1, in honor of Chief Barker Ira 
H. Cohn and associate officers, wil' 
be held at the William Penn Hotel 
on Sunday, Oct. 29. Large attend- 
ance of industry execs, is anticipated. 

John H. Harris, national chief 
barker, who is also general chairman, 
has appointed more than 150 on com- 
mittees for the forthcoming ban- 
quet. Following are chairmen: 

Reception, Harry Kalmine; speak- 
ers' table reception, James G. Bal- 
mer; hotel reservations, Harold C. 
Lund; midway, Brady McSwigan; 
lights-switchboard-spots, C. J. Lat- 
ta; props and circus animals, Bill 
Zeiler; speakers' table, Frank J. 
Harris; dinner menu, Harry Kra- 
mer; publicity and program. George 
D. Tyson; speaker, Dr. A. I. Wise; 
golf and football, Art Levy; tickets, 
James G. Balmer; refreshments, 
Mike Gallagher and Harry Kramer; 
program distribution-ushers-attend- 
ants-doormen. Bill Zeiler; transpor- 
tation, Ray Downey; public address 
system and projection, Ben Brown 
and Larry Katz; seating, John T. 
McGreevey; decorations. Harry D. 
Harris; radio, Bernie Armstrong; 
advertising for program, Harry 
Feldman; program advertising out- 
of-town theaters, Burt Bishop; the 
show, Harry Kalmine; hotel arrange- 
ments, Jerry O'Neil; transportation- 
trucks, George Callahan; music and 
rehearsal, Jerry Mayhall. 

Louis Plate Dead 

Milwaukee, Wis — Louis Plate. 78, 
for 30 years owner of the Climax 
theater, is dead here. Plate, who 
had been retired for the past 10 
years, is survived by his wife, three 
daughters, three sons, a brother and 
a sister. 


(Continued from Page 1) 

selling' in the leasing of motion-pic- 
ture films in interstate and foreign 
commerce passed the Senate despite 
the opposition of all organizations 
of employes in the film industry," 
the report states. 

"If the bill becomes a law, it will 
mean that production schedules of 
the motion picture industry will be 
cut in half and thus directly affect 
the employment of some 282,000 per- 
sons who are employed in the pro- 
duction, distribution and exhibition 
divisions of the industry." 

"According to evidence given be- 
fore the Senate Committee on Inter- 
state Commerce there are 276 crafts 
employed in the industry and many 
thousands of these workers will lose 
continuity of employment or be 
made entirely idle." The report 
points out that President William 
Green "wrote a strong letter to the 
leader of the majority in which he 
pointed out the injury that would be 
done to the workers in the industry 
by creating extensive unemploy- 

M of T Suspends Plans 

for Commercial Films 

(Continued from Page 1) 

learned yesterday, because the ef- 
forts of the March of Time staff are 
being concentrated entirely on "The 
Ramparts We Watch," the first full- 
length feature picture now in produc- 
tion, and on the emergencies occa- 
sioned by the European war as they 
affect the regular monthly releases 
of the March of Time. 

Richmond Managers Form 
Midnight Bowling League 

Richmond, Va. — Local managers 
have organized a midnight bowling 
league which started a 28-week sea- 
son last night. Teams from the 
following theaters are represented: 
Colonial, Park, State, Grand, Lee, 
Carillon, Loew's, and Brookland- 
Bellevue. George E. Jones, former 
manager of Loew's, and now man- 
ager of the bowling alleys, was 
elected president, and Stewart 
Tucker, manager of the State, secre- 
tary. Other managers or assistants 
who will bowl are A. Frank O'Brien, 
Robert Eagan, Charles Hubbard. 
Keith Caudle, Harvey Kelley, Bob 
Coulter, Floyd Stawls, Allen Brown, 
Conrad McRee, Percy Pollard, Al 
Nowitsky, Charles Yerby. 


Detroit — Harry Lotz, booker for 
United Artists, is the father of an 
8% pound boy. 

Cincinnati — Universal's Bob Lon- 
neman is father of a son, born Sat- 



Tuesday, October 3, 1939 

«> v R€VI€UJS Of TH€ R€UJ fiLiM '< w 

"Eternally Yours" 

with David Niven, Loretta Young, 

Hugh Herbert 

United Artists 95 Mins. 


This is just what the exhibitor ordered. 
Romance, comedy and drama are all wrapped 
up in a neat package labeled, entertain- 
ment plus. Any type of audience is sure to 
like it. The film is top-flight in every 
respect. The sophisticated original story and 
screenplay contributed by Gene Towne and 
Graham Baker leaves nothing to be desired 
in its smooth march of events. The direction 
of Tay Garnett is expert, with just the right 
amount of emphasis on the dramatic se- 
quences and a neat handling of the comedy. 
On top of this, the picture has been 
complemented with a fine cast that makes 
the utmost of every opportunity. David 
Niven assumes new stature with this release 
as a top male name with a smoothly exe- 
cuted performance as a lady-killing magi- 
cian. Loretta Young is attractive, capable, 
and polished as Niven's wife. Hugh Herbert 
draws numerous laughs as Niven's butler, 
handy-man and what not. Bi Hie Burke, 
C. Aubrey Smith, Broderick Crawford, ZaSu 
Pitts, Virginia Field and Raymond Walburn 
give finished characterizations. Crawford is 
particularly good. Walter Wanger deserves 
a mead of praise for the film's lustrous pro- 
duction value. Loretta, about to be married 
to Crawford, who is a bit on the stuffy side 
and a fiend for fresh air, meets Niven, a 
handsome magician and pseudo fortune teller. 
Instantly attracted to each other, they are 
married, and Loretta becomes part of the 
act. However, despite their love for each 
other Loretta wants a home in America and 
a family, and after pawning her jewels to 
build a house she leaves Niven when he re- 
fuses to go home with her. Another factor 
causing their splitup was brought about by 
Niven's vanity in jumping from planes while 
handcuffed, ruining her peace of mind. 
Niven follows her back to America, but be- 
fore he can catch up with her she marries 
Crawford following a quick divorce. Niven 
manages to get a bid to a house party where 
Loretta will be, but he leaves when his 
appeals to return to him are rejected. How- 
ever, C. Aubrey Smith, Loretta's uncle and 
also a bishop, seeing that she really loves 
Niven, discovers that her second marriage 
is almost illegal and can be easily annulled. 
Loretta goes to watch Niven jump at the 
World's Fair from a plane and when he is 
almost killed she clearly proves to Crawford 
that she loves Niven and he opens the way 
for her to return to him. The sequence at 
the house party is particularly hilarious. If 
Niven is conducting a one-man war to win a 
ranking place in the affections of audiences 
here, the war is over, and he has won with 
his performance in this picture. 

CAST: Loretta Young, David Niven, Hugh 
Herbert, C. Aubrey Smith, Billie Burke, 
Broderick Crawford, Raymond Walburn, ZaSu 
Pitts, Virginia Field, Ralph Graves, Eve 
Arden, Lionel Pape, Dennie Moore. 

CREDITS: Producer, Walter Wanger; di- 
rector, Tay Garnett; Original Story and 
Screenplay, Gene Towne and Graham Baker; 
Cameraman, Merrit Gerstad; Editor, Dorothy 



"Hawaiian Nights" 

with Mary Carlisle, Johnny Downs, 
Constance Moore, Eddie Quillan 

Universal 65 Mins. 


Combining music, a breezy story and a 
popular group of young actors in the lead 
roles, this release from "U" should appeal 
to the pop trade, particularly the youthful 
swing element. The cast, headed by Johnny 
Downs, Eddie Quillan, Mary Carlisle and Con- 
stance Moore, work hard. Etienne Girardot 
and Samuel S. Hinds support the principals 
capably. The story, which is somewhat frail 
in body, has been kept moving to offset this 
deficiency, with pleasing results. Downs, son 
of a hotel magnate, is more interested in 
leading a band of his own than running his 
father's hotels. He is sent to learn the hotel 
business in Hawaii, where father, Thurston 
Hall, has a hotel. However, Johnny and his 
band are tossed out of the hotel practically 
the instant swing is mentioned. Constance 
Moore, daughter of the owner of a rival 
hostelry, lets the band play there for their 
room and board. Everything is worked out 
satisfactorily when the band is a big suc- 
cess, pineapple kind Girardot, gives them a 
contract on his radio show, and Hall reluc- 
tantly approves of the whole proceeding. 

CAST: Johnny Downs, Constance Moore, 
Mary Carlisle, Eddie Quillan, Etienne Girar- 
dot, Samuel S. Hinds, Princess Luana, Thurs- 
ton Hall, Robert Emmett Keane. 

CREDITS. Producer, Hax H. Golden; Di- 
rector, Albert S. Rogell; Screenplay, Charles 
Grayson and Lee Loeb; Original Story, John 
Grey; Cameraman, Stanley Cortez. 


Bali" Does Biggest 2nd 
Week in Year at N. Y. Para. 

Paramount's "Honeymoon in Bali," 
which finishes its second week at the 
New York Paramount tonight, is as- 
sured the biggest second week's 
"take" since "If I Were King" a 
year ago, according to Manager 
Robert M. Weitman. 

Additionally, according to Para.'s 
home office, the pix is running ahead 
of house average biz and favorable 
in comparison to previous Para. b.o. 
hits in various keys. Home office was 
also enthused yesterday over the 
report that "What a Life" was run- 
ning 15 per cent ahead of "Man 
About Town" at the Strand, Provi- 

F. W. Georlitz Expires 

Sheboygan, Wis— F. W. Goerlitz, 
65, for 17 years an employe of the 
Alexander Film Co., died here. He 
is survived by his wife, a son and 
two sisters. 

Mrs. Joe Scotti Dead 

Albuquerque, N. M.— Mrs. Elynore 
Scotti, wife of Joe R. Scotti, man- 
ager of the Sunshine Theater here, 
is dead. 

"The Arizona Kid" 

with Roy Rogers, George "Gabby" 

Hayes, Stuart Hamblen 

Republic 61 Mins. 


Starting off with a bang, this new Roy 
Rogers starrer fails to sustain its opening 
pace, and the action lags in several sequences 
in the picture. However, the Rogers fans 
will undoubtedly like it, as Rogers sings 
pleasingly and gets his man after the cus- 
tomary amount of setbacks and difficulties. 
Rogers, George "Gabby" Hayes, and Stuart 
Hamblen, an admirable villain, headline the 
cast. Sally March supplies the feminine in- 
terest. Rogers arrives in Missouri town, ac- 
companied by Hayes, to sell his string of 
Texas horses. He meets an old friend, David 
Kerwin, who is planning to join a band of 
raiders. The Civil War starts and Rogers 
joins the Confederate Army as a scout. 
Hamblen also joins the Confederate cause, 
with Kerwin among his men, but the uniform 
merely masks his activities as a guerilla. 
Soon his notorious fame spreads throughout 
the country and Rogers is assigned to get 
him when the Confederate high command 
learns he is an outlaw in their uniform. 
The usual amount of riding and shooting 
take place before Rogers kills Hamblen in a 
gun duel. Kerwin is shot when the other 
members of the band are caught. 

CAST: Roy Rogers, George "Gabby" 
Hayes, Stuart Hamblen, David Kerwin, 
Dorothy Sebastian, Sally March, Earl Dwire, 
Peter Fargo, Fred Burns. 

CREDITS: Associate Producer and Direc- 
tor, Joseph Kane; Screenplay, Luci Ward and 
Gerald Geraghty; Original Story, Luci Ward; 
Cameraman, William Nobles; Editor, Lester 


Ellery Queen Pix Rights 

Acquired by J. D. Trop 

West Coast Bureau of THE FILM DAILY 
Hollywood — J. D. Trop has secured 
the motion picture rights to the El- 
lery Queen detective stories. Fif- 
teen books and many magazine sto- 
ries have been published about the 
detective. CBS broadcasts a weekly 
program Sunday night, called "Ad- 
ventures of Ellery Queen." 

Business Screen Selections 

First Annual Selections of out- 
standing commercial film produc- 
tions is announced by the editors 
of Business Screen magazine Pic- 
tures, totalling 29, with four more 
netting special mention, were se- 
lected by the magazine's reviewing 
committee from the standpoint of 
utility and circulation rather than 

Lou Irwin Moves 

Lou Irwin, with headquarters 
formerly in the Paramount building, 
has moved into new and larger 
quarters at 522 Fifth Ave. 


The Middleton 


(at the New York World's Fair) 
(Westinghouse Electric & Mfg. Co.) 

Modern Talking Picture Service 50 Mins. 


Precedents are set in this new five- 
reeler, salient of which is utilization of a 
full-blown scenario of the entertainment 
film type. Hitherto, industrial solons have 
almost invariably made their motion pic- 
tures for audiences of their own stamp. 
But here is a production which has far 
more general patron appeal than prede- 
cessors. Admittedly, Westinghouse is cast- 
ing an eye on entertainment film outlets 
for the dissemination of its promotional 
aims. This objective, if, indeed, not orig- 
inally planned, must have loomed large 
when Audio Productions, as the producers, 
finished their creditable job, for the foot- 
age is replete with excellent shots of the 
current New York World's Fair, and pre- 
dominantly and naturally of the Westing- 
house exhibit there. Although this fea- 
ture-length attraction is regarded by West- 
inghouse as carrying "a social as well as 
a commercial message but these are never 
obtrusively underscored," the social and 
commercial elements are far from being 
unstressed. Rather they are accented con- 
siderably more than Hollywood would ever 
care or dare to attempt in product de- 
signed for the widest of public consump- 
tion. Photographed in Technicolor, the 
pix is visually grand. Orally, too, it is 
top-flight. Throughout the five reels is 
woven a nice romantic story, with copious 
spurs of human interest and comedy, the 
latter being supplied by young James Ly- 
don whose natural, easy acting is stand- 
out. Marjorie Lord, his sister in the plot, 
is comely and efficient, while the other 
cast members are skillful in their allotted 
roles. More careful casting might have 
been done in the instance of the film's 
young Romeo, who eventually wins the 
heart and hand of Marjorie Lord, after 
she finds out the marital unsuitability of 
her fiance, George J. Lewis. Young Lydon 
and Marjorie Lord are the youngsters in 
the Middleton family which has come from 
the mid-West to see the Fair. How the 
young people's future is to be cast is the 
crux of the production, and the Fair can 
be said to have been very fair to them. 
Direction is very good, and so is the pho- 

CAST: Marjorie Lord, James Lydon, Ruth 
Lee, Harry Shannon, Adora Andrews, Doug- 
las Stark, George J. Lewis, Georgette Har- 
vey, Ray Perkins, Helen Bennett. 

CREDITS: Producer, Audio Productions, 
Inc.; Director, Robert R. Snody. 

PHY, Tip-top. 

Tuesday, October 3, 1939 


.v :< REVIEWS Of THE REUJ flLfllS .v :< 

"Here I Am a Stranger" 

with Richard Greene, Richard Dix, 

Gladys George 

20th-Fox 83 Mins. 


The father and son theme has been han- 
dled deftly in this new Fox release, with 
successful results. The picture is solid en- 
tertainment for any type of audience, with 
drama, humor and sentiment nicely balanced 
by Director Roy Del Ruth, who has made the 
characterizations sound in every case. A fine 
cast complements the picture. Richard 
Greene turns in a good performance as the 
grown son of parents who have been di- 
vorced. Gladys George, his mother, is good. 
Richard Dix, as his father, does a swell job. 
and Roland Young as a college professor is 
a definite plus for the picture. Brenda Joyce 
is attractive and interesting as Young's 
somewhat torn-boy daughter, who refers to 
all college students as fatheads. Russell 
Gleason, Katherine Alexander, George Zucco, 
Henry Kolker and Edward Norris give able 
support. While Greene is an infant, Miss 
George leaves Dix in order to assure her son's 
future as his father, lovable in every respect 
and a brilliant newspaperman, is drinking 
himself out of any future. She marries 
Zucco, a wealthy attorney. The scene moves 
to Stafford College 20 years later. Greene, 
grown into a world of wealth and social posi- 
tion, enters the College as a student. Norris, 
son of Zucco's most influential client, takes 
Greene under his wing, but he prefers to 
avoid the snobbish clique Norris goes with. 
He becomes interested in Brenda, despite 
the fact that he is almost engaged to Nor- 
ris' sister, Katherine Aldridge. He also likes 
Russell Gleason, a country boy working his 
way through college. Greene, told much 
about his father by Young, who had also been 
his prof, when he attended the college, looks 
his father up and becomes very friendly with 
him. At a dance Norris takes Greene for a 
ride and kills a woman by his drunken driv- 
ing. Greene is asked to keep silent as Zucco 
will lose his best client, but Norris is forced 
to confess when Greene refuses to shield 
him as Gleason has been arrested and 
charged with the crime when he was found 
nearby. The climax becomes a little confus- 
ing as people start to make sacrifices right 
and left, but it is worked out for the best 
with Greene returning to Dix as his mother 
and stepfather sail for England. 

CAST: Richard Greene, Richard Dix, 
Gladys George, George Zucco, Brenda Joyce, 
Roland Young, Edward Norris, Katherine 
Aldridge, Henry Kolker, Russell Gleason 
Richard Bond. 

CREDITS: Associate Producer, Harry Joe 
Brown; Director, Roy Del Ruth; Screenplay, 
Milton Sperling and Sam Hellman; Based on 
a story by, Gordon Malherbe Hillman; Cam- 
eraman, Arthur Miller; Editor, Louis Loeffler. 


Turkey Day Agreement 

Columbus, 0.— ITO of Ohio has 
been advised by Governor Bricker 
that Ohio will "go along" with the 
President on the observance of 
Thanksgiving Day. 

"A Woman Is the 

with Frieda Inescourt, Otto Kruger, 

Rochelle Hudson 

Columbia 62 Mins. 


Sentimental fans in general and femmes in 
particular will probably like this one. The 
story is dramatic and it is effectively played. 
Film, aimed at the program market, fits 
nicely. Frieda Inescourt, Otto Kruger, Ro- 
chelle Hudson, Mayo Methot, Gordon Oliver 
and Arthur Loft are the principals. Story 
revolves about the mother and daughter 
theme. Frieda, a judge, holds a birthday 
party once a year, at which she is the 
hostess and sole guest, in tribute to her 
daughter, Rochelle, whose whereabouts are 
unknown. Frieda had been married pre- 
viously to a man who was a criminal, and he 
took their child when he left. Loft, a 
racketeer, is tried before Frieda by the dis- 
trict attorney, Kruger. Loft produces rec- 
ords that show one of his hirelings to be 
Rochelle. Loft attempts to get Rochelle to 
blackmail her mother, but she refuses to do 
so and kills Loft accidentally. Frieda resigns 
from the bench to defend her daughter, 
wins the case, becomes engaged to Kruger. 

CAST: Frieda Inescourt, Otto Kruger, 
Rochelle Hudson, Mayo Methot, Gordon 
Oliver, Arthur Loft, Walter Fenner, John 
Dilson, Bentley Hewlett, Beryl Mercer. 

CREDITS: Produced by Columbia; Direc- 
tor, Nick Grinde; Original Screenplay, Karl 
Brown; Cameraman, Benjamin Kline; Editor, 
Byron Robinson. 


Jefferson Amusement Co. 

to Fight Giveaway Fines 

Beaumont, Tex. — Indications that 
an appeal will be carried by the 
Jefferson Amusement Co. over fines 
assessed against one of its manag- 
ers in Port Arthur for having a 
money give away in operation, were 
seen here. 

Morris C. Clemmons, general man- 
ager of the circuit and H. V. Till, 
manager of the Port Arthur, were 
each fined $100 after a six-man jury 
had returned a verdict that consid- 
ered the giveaways as lotteries. 
Counsel for the defense contended 
that his giveaway was not a lottery 
since because "the element of 
chance is removed when the win- 
ning number is selected a week in 
advance." A comical angle entered 
the case when two witnesses com- 
plained they suffered nervous strain 
when the prizes were being consid- 
ered. One said he felt forced to at- 
tend the theater on the giveaway 
night and estimated that it cost him 
and his family $54 a year in attend- 

"4000 Gifts of the Forest" 

U. S. Forestry Service, 
Dept. of Agriculture 21 mins. 

Highly Interesting 

When Cal Carrello and Rod Rad- 
ford ground their cameras under the 
watchful eye of Director Carl 
Stearns Clancy there resulted what 
is said to be the Government's first 
production in color, Dufaycolor being 
the medium. Locales chosen for the 
footage, which interestingly dis- 
closes the myriad products which 
mankind fashions from the trees, 
were the Snoqualmie and Mount 
Baker national forests. Beneficence 
of the woodlands is conveyed strik- 
ingly by a parade of 20 picturesque 
floats, on each of which a phase of 
manufactory from wood is revealed. 
This was obviously a difficult short 
to make, and Clancy, who not only 
directed it, but wrote the script, has 
accomplished most creditably the 
task assigned to him. The footage 
is so deftly fashioned, indeed, that 
it is natural for the slightest of 
flaws to come to light under pro- 
fessional eye. These faults are few, 
one being register and the other, 
more serious, the need for accurate 
synchronization of the dialogue, 
which chiefly is dignified monologue. 
Notwithstanding, audiences will like 
this picture. It is eye-filling, color- 
ful, instructive and an auspicious 
beginning for Uncle Sam in the hues 
of celluloid. Photography generally 
is excellent, direction solid, and the 
staging of the forest pageant ex- 

"The Ninth State" 
(New Hampshire State Planning and 

Development Commission) 
Emerson Yorke 20 Mins. 

Top-Flight Short 
For Americans to go to the White 
Mountains is usual. But for New 
Hampshire to send its mountains to 
Americans is unusual. This the as- 
tute Planning and Development 
Commission there has done in a 
grand and bound - to - be - resultf ul 
manner. The medium is one of the 
best two-reelers ever to be fash- 
ioned as good-will ambassador for 
a community's industrial and re- 
creational advantages. Christened 
"The Ninth State," in proud recogni- 
tion of the fact that New Hampshire 
was the ninth of our original na- 
tional entities to ratify the U. S. 
Constitution, this two-reeler, expert- 
ly produced, directed and even au- 
thored by Emerson Yorke, is a na- 
tural for the non-theatrical field in 
its present length, and just as much 
of a natural for the commercial pix 
houses in a shorter version. Cine- 
color is used to convey the inherent 
loveliness of landscapes, and make 
more real and vivid the austere, in- 
spiring White Mountains. But the 
effectiveness of the footage is only 

partially attributable to the scenic 
splendors and atmospheric attributes 
which are unique to New England, 
for much must be scored in favor 
of Yorke's wisdom in his selection of 
technical aides. J. Burgi Contner 
was the cinematographer; Alois 
Havrilla, commentator; Solita Palm- 
er, the fashioner of the original 
music score; Lindsay McPhail, or- 
chestrator; Jack Shilkret's Orches- 
tra, the recording ensemble; Phil 
Rein, sound engineer; and Fletcher 
Smith, creator of the titles. The 
picture covers an amazing amount 
of subject matter, — historical, cul- 
tural, industrial, recreational. But 
interest never wanes. The finale, 
following stirring shots of New 
Hampshire in Winter, in contrast to 
the already delineated Summer glor- 
ies, is ingeniously devised. The pro- 
duction is more than likely to lift 
States less promotionally minded 
than New Hampshire out of their 
current lethargies. "The Ninth 
State" will serve as an excellent 
model for such a cycle. 

"Kennel Kings" 

(RKO Pathe Sportscope) 

RKO 9 Mins. 

Highly Interesting 

Legions of dog-fanciers, just 
plain dog lovers, and in fact vir- 
tually the world at large, will take 
to this short in a big way. The 
camera records the recent Morris- 
Essex show, a highspot in the an- 
nual round of canine blue-blood ex- 
hibits. Sequences display the bow- 
wow gentry as they vie for prizes, 
each class of canine keeping an eye 
cocked toward the coveted title of 
"best in show." Picture's highspot 
is when the trim cocker spaniel, "My 
Own Brucie," grabs the title after 
the severest sort of competition. 
Photography is of a high order, and 
the scenes are full of interest and 
action. It's a bow-wow reel, but 
more. It's a plain wow. 

"Ash~Can Fleet" 

M-G-M 11 mins. 

Timely And Exciting 

At the present time this short 
should be of particular (interest 
everywhere. It deals with the now 
famous fleet of small wooden ships 
that literally blasted the German 
U-Boats out of the seas during the 
last war. Opening during the 
World war, an opinion is given by 
a German officer that the man who 
did more to defeat the Germans 
than anybody else was the Ameri- 
can inventor, David Bushnell, who 
died after the revolution of 1776. 
Bushnell was the inventor of an ex- 
plosive contrivance that would deto- 
nate under water. Depth bomb? 
were evolved from his early under- 
water bombs which were first used 
during the revolution. 

50 to Play "Warning" 

International Pictures Distributing- 
Co. has set Alliance's "The Warn- 
ing" in 50 S-W houses in the Phila- 
delphia territory. 


Tuesday, October 3, :t939 


(Continued from Page 1) 

quest of upstate members and three 
members of the board of directors. 
Cohen, on the other hand, said yes- 
terday that today's meeting' is with- 
out authorization of New York Al- 
lied and "members throughout the 
state have so indicated." 

"New York Allied suddenly has 
become the immediate concern of 
national Allied," yesterday's bulletin 
read, "and we wonder whether the 
work of New York Allied has been 
so great and progressive that the 
national organization fears that New 
York Allied overshadows it in na- 
tional importance. 

(In a separate special bulle- 
tin, Cohen pointed out that the 
work done by the New York unit 
included the Schine-Government 
suit, defeat of the Crews two- 
men-in-a-booth bill, defeat of 
the Martin sales tax bill, decla- 
ration by distributors that they 
would not force shorts with fea- 
tures, elimination of four fea- 
tures by RKO in first-run situa- 
tions, elimination of five-cent 
admission price in Syracuse, 
protection of giveaways, new 
clearance for exhibitors, secur- 
ing half the product for Goshen 
against large circuit operation, 
two new clauses in the pro- 
posed code, respect of the na- 
tional distributors and concilia- 
tion of clearance problems by 
Warner Bros.) 

Continuing, Cohen wrote in the 

"When the Board of Directors 
pinned Col. Cole down to the state- 
ment that New York Allied was 
never a member of national Allied, 
and further that Col. Cole was afraid 
New York Allied was becoming too 
important, and that maybe it was 
a question of minutes when New 
York Allied would overshadow na- 
tional Allied, — then Col. Cole and 
Commissioner Myers got busy and 
issued a statement to save face. 
The inference is plain, in that a 
stupid parent attempts to spank a 
smart child because the parent is 

"New York Allied can even over- 
look this, if not for the fact that 
national Allied is attempting to 
bore into the healthy structure of a 
progressive exhibitor organization. 
There has been much secret maneuv- 
ering, but fortunately the organiza- 

U.K. "S.O."? 

London (By Cable) — Sunday opening 
("S.O.", in British trade parlance) of 
film theaters throughout the country 
has been urged in the House of Com- 
mons as a means of entertainment for 
British troops. Local prejudice should 
be over-ruled and Sunday opening grant- 
ed by Administrative order, declared 
Capt. Victor Cazalet, and was supported 
by other members. 

Interstate Tests New Newsreel Setup 

Dallas, Tex. — Interstate will experiment with a new newsreel theater idea here, 
starting Oct. 9. House to be used is the Melba which on Mondays and Tuesdays 
hereafter will show upwards of one hour of news clips from the five newsreels, in 
addition to shorts and cartoons. 

Program will be edited by an editorial board headed by Mrs. Besa Short, head of 
Interstate's shorts department, and including a newspaper editor, a university history 
professor and Manager Ainsley G. Wood of the Melba. Where deemed necessary, 
additional commentary for the news shots will be supplied locally. 

Hollywood Studios Send 

10 More Before Cameras 

(.Continued from Page 1) 

take" with Charlie Ruggles and Rob- 
ert Paige. 

At RKO: Plays the Thing Produc- 
tions for RKO, "Swiss Family Rob- 
inson" with Thomas Mitchell, Edna 
Best, Freddie Bartholomew, Terry 
Kilburn and Tim Holt. "Mexican 
Spitfire" with Lupe Velez and Leon 

At M-G-M: "Judge Hardy and 

At 20th Century-Fox: "Grapes of 
Wrath" with Henry Fonda. "He Mar- 
ried His Wife" with Joel McCrea 
and Nancy Kelly. 

At Warners: "Brother Rat and the 
Baby" featuring Eddie Albert, 
Wayne Morris, Priscilla Lane, Jane 
Bryan and Jane Wyman. 

At Republic: "Saga of Death Val- 
ley" with Roy Rogers, George 
"Gabby" Hayes. 

At Universal: "The Invisible Man 
Returns" with Sir Cedric Hardwicke, 
Vincent Price, Nan Grey and John 

tion is so strong that it has been 
able to withstand the attack. 

"There is no use kidding ourselves 
— with all the grave international 
complications that are arising every 
minute, it must become obvious to 
even the staunchest supporter of the 
Government suit, that the trial of 
the said action cannot take place in 
the immediate future, and if by 
some miraculous stroke of fortune 
it does, then we are faced with the 
prospect of having the higher courts 
test the validity of any decision; 
and that indicates years of waiting. 

"In view of what has occurred, 
the cause of the independent exhibi- 
tor now looks as dismal and black 
as ever it did in the history of ex- 
hibition, and we can lay the blame 
squarely on the door-step of Col. 
Cole and Commissioner Myers. Be- 
cause of their short-sightedness, and 
by their refusal to continue negotia- 
tions, they have swept aside any 
and all possibility of the independent 
exhibitor receiving a 'bill of rights.' 
They have filibustered and badgered 
about, completely disregarding the 
one all-important fact: namely, that 
the independent exhibitor is looking 
for relief now, not a decade hence. 

"Through all this maneuvering 
and espionage on the part of na- 
tional Allied, a majority of the ex- 
hibitors in New York State still 
feel that they are entitled to free- 
dom of action and independence of 
thought, and that they do not need 
an 'inner circle' to guide their des- 
tiny and protect their future." 

N. H. Theaters Affected 

by New Egress Ruling 

Concord, N. H. — The theaters of 
New Hampshire come under these 
new regulations relating to egress 
from buildings announced by the 
State Board of Health: 

"All ground-floor outer exits from 
buildings shall give free and un- 
obstructed egress to the street, 
through an alley, yard or court, or 
through a fire resistive passage at 
least four feet in width, with at 
least six inches additional width for 
each 50 persons accommodated in 
such building above 300. Said pas- 
sages and exits to the street shall 
be used for no other purpose except 
exit and entrance, and shall be kept 
free and clear." 

Expect Wisconsin Sales 

Tax Bill Will be Killed 

Madison, Wis. — Latest proposal 
presented to the State legislature as 
a means of raising revenue for the 
biennium is a tax of % of one per 
cent on the gross sales of retailers 
and wholesalers and on all trans- 
actions and the same levy on gross 
incomes of all individuals. 

The Senate last week first killed 
the measure, then reversed its orig- 
inal action and finally adjourned un- 
til today to reconsider the proposal 
further. Indications are that the bill 
will be defeated. 

Archbishop Bans Bingo 

In Washington Churches 

Washington Bureau of THE FILM DAILY 
Washington — Pastors of Washing- 
ton Catholic churches have received 
orders from the Most Rev. Michael 
J. Curley, Archbishop of Baltimore, 
to immediately abolish all "Bingo" 
games, played for the benefit of the 


Virginia MPTO Plans 

Convention In January 

Richmond, Va. — Harold Wood, sec- 
retary of the MPTO of Virginia, 
states that Mid-winter Convention 
will be held at the John Marshall 
Hotel here soon after the Legislature 
convenes in January. 

New Weingarten House 

Herman Weingarten, well-known 
theater builder, announced yesterday 
that he would start construction 
shortly on a 600-seat theater at 
183rd St. and Union Turnpike, Ja- 
maica, L. I. Weingarten was the 
builder of several de luxe houses in 
Long Island, Brooklyn and Miami. 

(Continued from Page 1) 

arriving there this morning, it was 
learned last night. 

Pact that will be discussed "ill 
cover cameramen throughout ti T 'n- 
tire country, with a 25 per cent wage 
increase and a change in working 
hours to be sought by the IA union. 
Previously, negotiations between 
Casey and the union were conducted 
in New York and they were started 
here again this year, but abruptly 
broken off when the IA re-negotiated 
its pact with the studios as Casey 
had to go to the Coast. 

It had been expected the pact 
would be discussed here upon the 
return of Casey. 

UST 24. 1912 AND MARCH 3, 1933. 
OF "THE FILM DAILY," published daily 
except Saturdays, Sundays and Holidays at 
New York, N. Y., for October 1, 1939: 
State of New York \ ss . 
County of New York. \ 

Before me, a notary public, in and for the 
State and County aforesaid, personally ap- 
peared Donald M. Mersereau, who, having 
been duly sworn according _ to law, deposes 
and says that he is the Business Manager of 
"THE FILM DAILY," and that the fol- 
lowing is, to the best of his knowledge and 
belief a true statement of the ownership, 
management (and if a daily paper, the cir- 
culation), etc., of the aforesaid publication 
for the date shown in the above caption, re- 
quired by the Act of March 3, 1933, em- 
bodied in Section 537, Postal Laws and Reg- 
ulations, printed on the reverse of this form 
to wit: 

1. That the names and addresses of the 
publisher, editor, managing editor, and busi- 
ness manager are: 

Publisher, John W. Alicoate, 1501 Broad- 
way, New York, N. Y. ; Editor, Chester B. 
Bahn, 1501 Broadway, New York, N. Y.; 
Managing Editor, None; Business Manager, 
Donald M. Mersereau, 1501 Broadway, New 
York, N. Y. 

2. That the owners are: "Wid's Film 
& Film Folk," Inc., 1501 Broadway, New 
York, N. Y.; John W. Alicoate, 1501 Broad- 
way, New York, N. Y. ; Pearl Dannenberg, 
1501 Broadway, New York, N. Y.; Addie 
Dannenberg, 1501 Broadway, New York, 
N. Y. ; Edna Sussman, 1501 Broadway, New 
York, N. Y. 

3. That the known bondholders, mortga- 
gees and other security holders owning or 
holding 1 per cent or more of total amount 
of bonds, mortgages, or other securities are: 

4. That the two paragraphs next above, 
giving the names of the owners, stockholders, 
security holders, if any, contain not only the 
list of stockholders and security holders as 
they appear upon the books of the company, 
but also in cases where the stockholder or 
security holder appears upon the books of the 
company as trustee or in any other fiduciary 
relation, the name of the person or corpora- 
tion for whom such trustee is acting, is given, 
also that the said two paragraphs contain 
statements embracing affiant's full knowledge 
and belief as to the circumstances and con- 
ditions under which stockholders and security 
holders who do not appear upon the books 
of the company as trustees, hold stock and 
securities in a capacity other than that of a 
bona fide owner and this affiant has no rea- 
son to believe that any other person, associa- 
tion or corporation has any interest direct or 
indirect in the said stock, bonds or other 
securities than as so stated by him. 

5. That the average number of copies 
of each issue of this publication sold or 
distributed, through the mails or otherwise, to 
paid subscribers during the 12 months' preced- 
ing the date shown above is 5,512. 


Business Manager. 
Sworn to and subscribed before me this 
29th day of September, 1939. 

(Seal) Louis Fishman. 


1 I U ) I J 


2t) W 4 4 T H ST 

Intimate in Character 
International in Scope 
Independent in Thought 

Do not remove: 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

\t^.. 76, NO. 66 



N. Y. Indie Group Calls State-Wide Meeting^Oct. 17 


Hummel to Head WB's Foreign Dept.; Morris to Retire 

Robert Schless to Continue 

To Direct Warner Sales 

in Europe 

Formal announcement of Joseph 
Hummel's appointment to head all 
foreign distribution for Warner 
Bros., exclusive of Continental Eu- 
rope, was made yesterday by Major 
Albert Warner, vice-president. 

Hummel, for 15 years, has been 
assistant to Sam E. Morris, head of 
foreign distribution, who is retiring 
because of ill health. 

The European field of Warner 
Bros, will continue to operate un- 
der Robert Schless. 

Morris has been head of Warners' 
foreign department since 1932, prior 
to which he was head of distribu- 


Washington Bureau of THE FILM DAILY 
Washington — Position of U. S. 
films in Chile appears to face de- 
cided improvement shortly, when, it 
is anticipated, the currently-dis- 
cussed mutual trade pact will be 
effectuated between the two nations. 
Initial gain which Hollywood 
product would score, would be in 
the matter of its producers and dis- 

(Continued on Page 4) 

250 Theaters Now Using 

Book Night, Says Marks 

Use by theaters of books as give- 
aways is rapidly increasing in every 
part of the country as the public will 
always want good books, Frank J. 

(Continued on Page 6) 

12 of UA's20Pix Finished; 
Expect 26 for 1940-41 Season 

West Coast Bureau of THE FILM DAILY 

Hollywood — Murray Silverstone, 

who is here conferring with United 

Artists producers, expects that UA 

(.Continued on Page 6) 

San Antonio mayor Decrees Pix Censorship 

San Antonio — Municipal censorship of films has been decreed by Mayor Maury 

Board, headed by Mrs. S. A. Vincius, will classify pix in four categories: For adults, 
for young people, for children, for family entertainment. 

Permanency of Jobs and No Cuts 
Are Assured to Personnel of UA 

Personnel of United Artists' ex- 
changes were assured of the perma- 
nency of their positions and the 
likelihood of no salary cuts in a 
letter sent to branch managers by 
Murray Silverstone, it was learned 

Pointing out that he could not pre- 
dict the future in view of the in- 
ternational situation, Silverstone 
said he was "clinging very earnestly 
to the hope that we can avoid the 

necessity of laying off a single, soli- 
tary employe* and, except for a 
small group of senior executives who 
have voluntarily accepted substantial 
pay cuts, I hope that not one penny 
of the earnings of the men and wo- 
men of United Artists will be af- 

The branch heads were advised 
to practice economy to the fullest 
and to extend their utmost efforts 

(Continued on Page 7) 

British Producers Alarmed Over Quota Threat 

London (By Cable) — Despite the 
fact that no pronouncement has been 
made by the Board of Trade to the 
effect that it intends scrapping the 
Films Act, British producers are 
alarmed that such a step is likely. 

Determined opposition is under 
way to prevent any scrapping of 
the statute, abrogation of which 

would literally sound the death-knell 
of British production until perhaps 
after the war has ended, inasmuch 
as the rescinding of the protective 
clauses and provisions of the Films 
Act would drop all barriers now fac- 
ing film importers. 

By implication, at least, Oliver 

(Continued on Page 4) 

Michigan Allied Prexy Tells 

Convention Exhibitors 

Need a Code 


FILM DAILY Detroit Correspondent 

Kalamazoo — Ray Branch, presi- 
dent of Allied Theaters of Michigan 
and a member of the Code negotiat- 
ing committee, advocated continued 
negotiations and recommended that 
the same group "go ahead and com- 
plete the job." Branch urged such 
a move in his presidential address at 
the opening session of the unit's an- 
nual convention. 

Referring to criticism of his pre- 
convention statement, Branch said: 
"I still think we need a Code for 
this industry. But I did not imply 
disappointment at its rejection at 
Minneapolis. The Code as" presented 
there was unacceptable." 

Abram F. Myers, national Allied's 

(Continued on Page 6) 


Independents to Decide on Joining 
Allied at Next Meeting in Syracuse 

NBC To Telecast 2 Trailers 
on Columbia's "Mr. Smith" 

Deal has been closed between Co- 
lumbia Pictures and the National 
Broadcasting Company whereby 
NBC will telecast two trailers on 
the forthcoming Columbia release, 
"Mr. Smith Goes To Washington," 

(Continued on Page 6) 

Syracuse — A preliminary effort to 
solidify a new independent exhibitor 
organization for New York State 
was made here yesterday but its suc- 
cess appeared to be questionable 
when delegates declined to comment 
on what took place. It was reported 
that 29 members of the existing New 
York Allied unit attended the ses- 
sions, although Syracuse members 
(Continued on Page 6) 

Washington Bureau of THE FILM DAILY 

Washington — Price policing policy 
formulated by the TNEC will not 
extend to the film industry. ..■ • 

Clarifying the situation, a spokes- 
man for the so-called Monopoly 
Committee yesterday said that it 
was concerned with abnormal price 
(Continued on Page 4) 

Pommer Gets Releasing 

Offers from Para, and RKO 

West Coast Bureau of THE FILM DAILY 

Hollywood — The indications are 
that, unless there is a radical change 
in the war situation, he will be 

(Continued on Page 6) 

A. M. Schuman Elected Head 
of Allied Theaters of Conn. 

New Haven — At its election meet- 
ing yesterday Allied Theaters of Con- 
necticut voted in the following of- 

(Continued on Page 4) 



Wednesday, October 4, 1939 

Vol. 76, No. 66 Wed., Oct. 4, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays ami 
Holidays at 1501 Broadway, New York, N. Y. 
'jy Wid's Films and Film Folk, Inc. J. W 
Alicoate, President and Publisher; Don 
aid M. Mersereau. Secretary-Treasurer; En 
tered as second class matter, Sept. 8, 1938 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyam 
9-7117, 9-7118, 9-7119, 9-7120. 9-7121. Cable 
Address: Filmday, New York. Hollywood. 
California— Ralph Wilk, 6425 Hollywood 
Blvd., Phone Granite 6607. London — Ernest 
VV. Fredman, The Film Renter, 127-133 War- 
dour St., W. I. Paris— P. A. Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
soulan (12). Mexico City — Marco-Aurelio 
Galindo, Depto. 19, 5A, Dr. Lucio No. 102, 
Mexico, D.F. Buenos Aires — Chas. de Cruz, 
Heraldo Del Cinematografi^ta, Corrientes 1309. 

Hearing of Okla. Product 
Case is Set for Nov. 


"Vocador" Demonstration 

Set for SMPE Conclave 



High Low Close Chg. 
m/ 4 U 11 _ 3/ 8 

7% 73/ 4 73/ 4 + 1/4 

Am. Seat 

Col. Picts. vtc. (2V 2 %) 
Columbia Picts. pfd. 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. 

East. Kodak 1 

do pfd 1 

Gen. Th. Eq 

Loew's, Inc 

do pfd 


Paramount 1st pfd. . 
Paramount 2nd pfd. 

Pathe Film 


20th Century-Fox . 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros 

do pfd 



54 1 
58 1 

9'/ 4 
33 Vs 

l'A H/4 

8 V2 8i/ 2 — i/ 4 
521/2 153 + 1/2 
58 158 + 17/g 

9 9 

32i/ 4 32% + i/ 8 

73/ 4 


83/ 4 

113/ 4 




73/s 75/ 8 + 3/ g 

753/4 753/4 + % 

8V2 8% + Vs 

ll'/ 8 111/4 + 1/2 

l Vi l Vi 

13V4 135/s + 3/ g 

22% 23 + 1/2 

62 66 1/2 + 6 1/2 

4'/s 41/4 + i/ 4 

39% 4H/2 - 1 


Keith B. F. ref. 6s46 

Loew's deb. 3i/ 2 s46.. 93 1/2 93 V2 93 Vi 

Para. B'way 3s55 . ... 49 49 49 

Para. Picts. 6s55 

Para. Picts. cv. 3 l/ 4 s47 78% 78 78 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 


Monogram Picts. ... 1 % 1 % 1 % 

Sonotone Corp 1 V4 1 Vi 1 V4 

Technicolor 11 % 11 1/4 11% — Vs 


Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd 100 

Fox Thea. Office Bldg. 1st '46 4 5Vi 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45. . . 63 66 
Roxy Thea. Bldg. 4s 1st '57 58 Vi 61 




Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


Oklahoma City — Nov. 14 has been 
set as the date for the next hearing 
in the Oklahoma Theaters Inc. ap- 
plication for an injunction which 
would force distributors to sell it 
product for its Odeon Theater in 
Shawnee, Okla. The date was set by 
Judge A. P. Murrah in a hearing 
in Federal Court here at which time 
he also set Dec. 11 as the date for 
the trial on merits of the applica- 

Oklahoma Theaters, Inc. is a com- 
pany operated by A. B. Momand 
with one theater in Shawnee. Com- 
petition is from three Griffith 
Amusement Co. houses and two 
owned and operated by Jack Jones, 
an independent. 

The application alleges that dis- 
tributors have many films in their 
vaults for which no second or sub- 
sequent-run rights have been sold 
in Shawnee and that they are refus- 
ing to sell these rights to Oklahoma 
Theaters, Inc. 

It asks that they be forced to do 
so at prices commensurate with those 
charged in similar locations in simi- 
lar cities. 

Court Refuses to Dismiss 
"Test Pilot" Case vs. M-G-M 

Federal Judge Henry W. Goddard 
vesterday denied a request of M-G- 
M and Loew's, Inc., to dismiss a 
cause of action for alleged infringe- 
ment in the suit of Delores Lacey 
Collins as administratrix of the es- 
tate of Jimmie Collins. 

The suit was brought claiming in- 
fringement of Collins' book "Test 
Pilot" in the picture of the same 
name and asked for $1,000,000 dam- 
ages. Judge Goddard stated that 
the suit must be decided after trial. 
A cause of action for unfair compe- 
tition was unaffected by the appli- 

Wildberg-Skirball Start 

"Angela" Here on Nov. 15 

Dorothy Arzner, woman director, 
has been signed to direct the first 
Jack Wildberg-Jack Skirball produc- 
tion for Columbia release. Deal 
was closed during Wildberg's recent 
trip to the Coast. First picture will 
be "Angela is 22," by Sinclair Lewis, 
and will be produced at Eastern Ser- 
vice Studios. Zoe Akins is doing 
the script. 

Wildberg said yesterday that pro- 
duction would start about Nov. 15. 
Skirball is due in New York from 
Hollywood next week. 

Para. Combining Trailer 

and Advertising Depts. 

West Coast Bureau of THE FILM DAILY 

Hollywood — Paramount is combin- 
ing its trailer and advertising de- 
partments. Herb Moulton and Lou 
Harris will continue with the trailer 

A demonstration of the new "Vo- 
cador," an instrument developed as 
an outgrowth of the Bell Telephone 
Laboratories' investigation into the 
possibilities of artificially produc- 
ing and modifying human speech, 
has been arranged for the delegates 
attending the SMPE Fall conven- 
tion here Oct. 16-19. 

The demonstration will be con- 
ducted by Homer W. Dudley, of the 
Bell Laboratories, at a joint meet- 
ing of the SMPE with the New York 
Electrical Society on the evening of 
Oct. 17, in the Auditorium of the 
Engineering Societies Building in 
New York. 

This demonstration is one of sev- 
eral special features planned for 
the Convention. Others include a 
television demonstration at the RCA 
World's Fair Exhibit; three-dimen- 
sional motion pictures by Laucks & 
Norling, at the Chrysler Exhibit; 
and two-channel recording and re- 
production with steel tape, at the 
AT&T Exhibit. 

Announce Strand Bookings 
for October and November 

Bookings have been set at the 
New York Strand for the next seven 
weeks it was announced yesterday, 
with three important pictures to play 
the Warner house up to the end of 

"Dust Be My Destiny," featuring 
John Garfield and Priscilla Lane, will 
begin a two-week engagement at 
the house on Friday in conjunction 
with the "in person" show headed by 
Ann Sheridan and Ted Weems and 
his Orchestra. On Oct. 20, "On 
Your Toes" will start a three-week 
engagement, ending on Nov. 9 to 
make room for "The Roaring Twen- 

World Pictures Acquires 

Franchise of Standard 

World Pictures has acquired the 
metropolitan area franchise of 
Standard Pictures. Among the 
Standard pictures to be released bv 
World will be "Mill on the Floss,'" 
starring Geraldine Fitzgerald; "Lost 
on the Western Front," with Paul 
Cavanaugh; "Say of Napoleon," with 
Richard Barthelmess and Dollv 
Haas; "Prisoner of Corbal," with 
Nils Asther and Noah Beery: and 
"The Headlevs at Home" with Evelyn 
Venable and Grant Mitchell. 

TMAT-N-R-E Hearing Today 

Formal hearing' before the State 
Labor Relations Board of the TMAT 
petition for recognition as bargain- 
ing agent in the Nelson-Renner-En- 
dicott circuit will be held today. The 
circuit is currently being picketed 
by the union. Hearing scheduled 
vesterday in the TMAT-Raybond 
Theaters case was adjourned to Mon- 

cominc mid Gome 

JOSEPH M. SCHENCK. board chairman of 
20th-Fox, has arrived here for a short visit. 

WILLIAM F. RODCERS, general manager of 
distribution for Metro, has returned to the 
home office. 

JAMES R. CRAINGER, Republic prextf -id 
general sales manager, left last night ,,g. a 
business trip to several Southern key cities. 

HARRY BROWNING, of the M P Theaters 
in New England, visited the Paramount home 
office yesterday. 

CARY COOPER left yesterday for the Coast 
after spending a Summer vacation on Long 

SOL SACHS. Southwestern district manager 
for RKO, is here for home office confabs. 

MERVYN LEROY and his wife are here from 
the Coast. 

IRVING BREECHER, scenarist, is here for a 
short stay before returning to Hollywood. 

JOE E. BROWN arrives this morning from 
Hollywood for an Eastern vacation. 

BRUCE CABOT is at the Waldorf. 

WAYNE MORRIS has returned to the Coast. 

FRANCISKA GAAL arrives here this week-end 
from the Coast to appear in a stage play. 

MRS. FLORENCE MARSTON, Eastern head of 
the Screen Actors' Guild, is in Cincinnati attend- 
ing the A F of L convention. 

Author Includes Magazine 
In Her 20th Century-Fox Suit 

Application was filed yesterday 
in the New York Supreme Court, 
returnable on Oct. 10 by Mary Orr. 
to amend her complaint against 20th 
Century-Fox Film Corp. and to add 
Pictorial Review Co., Inc., and its 
editor, Herbert R. Mayes, as de- 

Plaintiff charges the defendants 
with conspiring to deprive her of 
her literary rights to a story "The 
Battle of Broadway," printed in the 
issue of January, 1936. 

Motion picture rights to the story 
had been sold for use in a film of 
the same title, allegedly without the 
plaintiff's consent. The suit seeks 
$75,000 damages. 

NOWan exploitation special!! 







A Sound Motion Picture. 



For dates: Write, Wire or Telephone 


1600 Cenesee St., Taylor 1600, Buffalo, N. Y. 





And Now! Just Previewed! 

Not only has Leo come through 

With another smash hit, but 

It's a LAUGHING hit! 

You know what that means — 

The folks want to forget 

And here's the show that's a 

Tonic for headline headaches! 

Sell it BIG with this slogan: 


They'll howl! They'll shriek! 

And you start yelling now about 



Play by Irving Brecher • Directed by Edward Buzzell 
A MERVYN IE ROY Production • An M-G-M Picture 




Wednesday, October 4, 1939 


(Continued from Page 1) 

tributors exacting better prices. 
Further, exchange regulations, such 
as those in force in the compensa- 
tion treaties of Chile with both 
France and Germany, would be ac- 
corded to the U. S.; and, additional- 
ly, since both France and Germany 
are belligerents, and the product of 
the latter, especially, is bottled up 
as far as shipments by sea are con- 
cerned, neither's product is expected 
to reach the screens of Chile dur- 
ing the remainder of the war, at 
least in any appreciable quantity; 
therefore U. S. product is held bound 
to increase in Chile's houses. 

Authoritative channels assert that 
the general practice regarding trade 
pacts effectuated 'twixt Latin-Amer- 
ican nations and the U. S. is to in- 
clude films, and the Chile-U. S. 
agreement is expected to be no ex- 

Another factor which is virtually 
certain to spur film trade is the 
booming of good-will between the 
U. S. and Chile, in light of the West- 
ern Hemisphere protective neutral- 
ity grouping, which calls for tight- 
ening of economic relations between 
all the 21 Pan-American nations. 

Cinema Club to Resume 

Cleveland— The Cleveland Cinema 
Club, oldest of its kind, opens its 
twenty-third season next week in 
the Chamber of Commerce Club. 


Newark, N. J. — Announcement has 
been made by Irene Rich, of the en- 
gagement of her daughter, Miss Jane 
Rich, to William Fred Mueller, son 
of Mr. and Mrs. Fred Mueller of 
Glen Ridge, N. J. The wedding will 
take place early in December. 

Pittsburgh — C. J. Latta, assistant 
to Harry M. Kalmine the Zone 
Manager for Warner Brothers The- 
aters, announces the engagement of 
his daughter, Peggy, to William F. 
Diebold of Pittsburgh. The wed- 
ding will be held in late autumn. 

Chicago — Marriage of Mary Eliza- 
beth Williamson, daughter of J. S. 
Markstein, president of Screeno 
Amusement Co. of Chicago, and Dr. 
A. J. Brown of Mobile, Ala., took 
place here. 

Manitowoc, Wis. — Joseph J. Kais- 
er, Jr., associated with the staff of 
the Mikado Theater here, was mar- 
ried to MisS Elinor E. Kortens. 

Detroit — Jay Conover, Grand Na- 
tional booker, will wed Grace Hoff- 
man, former GN cashier. 

Richmond, Va. — Conrad McRee, 
assistant manager, State Theater, 
will marry Miss Marion Whiteside 
here on Oct. 14. 



• • • OVER at U A the familiar company-initials have 

taken-on a supplementary meaning namely, "Unusual Activity" 

for tomorrow there moves into the Radio City Music Hall 

David O. Selznick's "Intermezzo. A Love Story" and on the 

following day Walter Wanger's "Eternally Yours" marches 

into the Roxy ianfared by "World's Fair Day" at the house 

The whale(n) of an angle spouts, because Grover's exposition 

"plays an important background role in the production" This is 

doubtless the first instance of anything in any background being 

important to the extent of having a day named for it So, you 

can well imagine how important the persons, places and things 

in the FOREGROUND of "Eternally Yours" really are 

• • • TO this department there is an aspect of the "In- 
termezzo, A Love Story" opening which looms even larger 

as a trade principal than the vastness of the Music Hall itself 

Aspect is that where the will to SELL a title exists 

there's a WAY Lynn Farnol demonstrates the proposition 

neatly taking the word "intermezzo" (which John Q. 

Public usually associates with music in the sense of an inter- 
lude and which some few-and-far-between academicians . . . . 

think of in terms of the well-trod stage of yore) and firing 

it with a dynamic meaning namely that "intermezzo" means 

"A romantic interlude" 

• • • THE Farnol strategy is going to pay dividends for 

ads aimed at the public are earmarked for success More than 

that it might not be a bad idea for the disciples of Noah Webster 

to reserve space in their next editions for "intermezzo" 

to be additionally defined as "a romantic interlude" Indeed, it 

takes less than a big picture to inject a new colloquial meaning 

into the great American language 

• • • MARVIN Schenck and Ben Boyar associate chair- 
men of the "Night of Stars" benefit set for Madison Sq. Gar- 
den the night of Nov. 15 have placed Arthur Knorr of the 

Roxy and Lester Isaac of Loew's in charge of lighting 

the show • Speaking of lighting both Alice Faye and Don 

Ameche deserve the brightest beams of praise for their 

performances in "Hollywood Cavalcade" the new 20th-Fox 

b.o. winner Picture moves each several pegs loftier on 

the Hollywood ladder 

• • • DOWN in Washington the new Columbia-Capra 

classic "Mr. Smith Goes To Washington" is getting such a 

press and conversational pre-run "play" that it won't be long 

before the Senate roll call will appear goofy unless there 

are 97 Senators accounted for. . . • May not be much fighting on the 

Western Front but obviously they're taking prisoners down 

in Lancaster, Pa judging from the communique sent us by Mrs. 

A. S. Kreider who avers that the Fulton Theater there has 

been proclaiming Five Came Back with Two-Gun Troubador 

« « « 

» » >% 


(Continued from Page 1) 

M. Stanley, head of the Board of 
Trade, conveys the impression that 
the Films Act may certainly be 
nullified, by reason of his %?ie- 
ment that no decision will be 
until he has consulted all film in- 
terests. This, it is pointed out, is 
tantamount to asserting that the 
Act will go, if survey discloses that 
it can be done without. 

Quite contrary to popular belief, 
producers throughout the U. K. are 
adamant over the Films Act remain- 
ing in force. This has back of it 
an economic conviction that current 
conditions in the international field 
will tend to lull Hollywood into a 
production retrenchment by the 
year's end, and this will present a 
solden opportunity for British pro- 
ducers to take business away from 
the U. S. companies in several world 

A. M. Schuman Elected Head 
of Allied Theaters of Conn. 

(Continued from Page 1) 

ficials: President, A. M. Schuman; 
first vice-president, Charles Repass; 
second vice-prexy, Joseph Reed; 
treasurer, Barney Calechman; exec, 
secretary, Lawrence C. Caplan. 

Dr. J. B. Fishman was elected 
chairman of the board of directors, 
and Maurice Shulman, vice-chair- 
man. Regional directors of public 
relations, finance and business rela- 
tions are Fishman, Schuman and 

Ten board members announced a 
meeting of the association in the 
near future. 

TNEC Will Not "Police" 
Admissions to Pix Theaters 

(Continued from Page 1) 
increases in war industries, a classi- 
fication excluding films. 

As far as any rise in film rentals 
incident to the war in Europe is 
concerned the opinion was expressed 
that fundamental economic laws 
would likely govern — meaning that 
exhibitors naturally would boost ad- 
mission prices. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

Buster Keaton 

Carroll Nye 
B. F. Zeidman 
Marcel Silver 





V 0% 1A V% VI " V 01 




Wednesday, October 4, 1939 


{Continued from Page 1) 

did not stay for the entire meeting. 

It was announced, however, that a 
state-wide meeting would be held 
here on Oct. 17 at which time affilia- 
tion with national Allied and the 
leadership of Max A. Cohen, New 
York Allied president, would be con- 
sidered and decided. Those who at- 
tended yesterday's meeting indicated 
that they expected "fireworks" at the 
next session. 

Max Cohen of Brooklyn (not to be 
confused with Max A. Cohen) pre- 
sided yesterday, with E. Thornton 
Kelly, former executive secretary of 
New York Allied, acting in a similar 
capacity. Others attending were 
Sidney Samuelson, Lee Newbury, 
Arthur Howard and Frank Lydon, 
all national Allied leadei's. 

Brooklyn's Max Cohen had no au- 
thority to attend or preside at the 
Syracuse meeting, Max A. Cohen de- 
clared last night. The other Cohen, 
he said, is a regional vice-president 
of New York Allied and cannot 
rightfully call a meeting. 

Describing the Syracuse gathering 
as a "fiasco," Max A. Cohen said he 
believed the industry was getting 
"fed up" with the efforts of a min- 
ority to create a new organization, 
declaring that most of the members 
desired to remain with his associa- 

No meeting of New York Allied 
could be called, he said, without his 
authorization. Instigators of the 
new group, he added, have failed be- 
cause they were unable to interest 
enough exhibitors to attend meetings 
in New York and Syracuse. 

It was learned that Rap Merri- 
man, head of the Syracuse Allied 
Group, had informed Cohen by wire 
that his members would not attend 
the Syracuse meeting, indicating 
that they were remaining loyal to 
the original state organization. 

Miller, Vet N. 0. Exhib., 
Is Retiring from Business 

New Orleans— J. A. C. Miller, 
pioneer New Orleans theater man- 
ager has announced his retirement, 
and the turning over of his control- 
ling interest in the Lafayette the- 
ater to the Merrie Shows, Inc. 

Miller has been in ill health for 
some time. Charles Levy, president 
of the Merrie Shows, Inc., took over 
active management of the Lafayette 

War Victim 

Cincinnati — Metro's William (Red) 
Devaney was sidetracked on a Bermuda 
trip in a British vessel, transferred to 
an American cruiser and landed in Flor- 
ida. Canceling all thoughts of Ber- 
muda, Devaney was forced to vacation 
in the Southland and return home via 

And Then They Talk About Dumb Film Fans! 

Wilmington, Del. — You never know. 

As an exploitation stunt for "Thunder Afloat," Manager Edgar J. Doob of Loew's 
reproduced Page One of the Morning News, with center of the page mortised to 
carry the theater announcement, and gave it wide circulation. 

According to Henry T. Claus, prexy of the company publishing the daily, the stunt 
netted a flock of calls from indignant subscribers who complained they had only 
received page one and wanted the rest of the paper. 

Pommer Gets Releasing 250 Theaters Now Using 

Offers from Para, and RKO Book Night, Says Marks 

(Continued from Page 1) 

forced to produce in Hollywood, said 
Erich Pommer, who is here confer- 
ring with his partner, Charles 
Laughton. He has had overtures 
from RKO Radio and Paramount for 
further pictures from Mayflower 

In January Paramount will re- 
lease "St. Martins Lane," a Mayflow- 
er picture starring Laughton. May- 
flower also had planned to make 
"The Admirable Crichton" starring 
Laughton for release by Paramount, 
but the war has caused a postpone- 
ment of that picture. 

Pommer, who will remain here 
about 10 days, expects he will be able 
to complete distribution arrange- 
ments this month for future May- 
flower productions. 

Para. Seeks a Reduction 

In N. Y. Tax Assessments 

Paramount Pictures, Inc., filed 
proceedings yesterday in the N. Y. 
Supreme Court against the tax com- 
mission of the City of New York 
in an attempt to reduce assessments 
on two properties owned by it in 
the city. New York Supreme Court 
Justice Aaron J. Levy set Nov. 6 
as the date for argument of the 
writ. Paramount states that the 
film exchange at 331 W. 44th Street 
has been assessed for $220,000 and 
its motion picture film laboratory 
at 554 W. 43rd Street for $165,000. 
In each instance, the petition said, 
the commission had over-assessed 
by $30,000 and ineffectual efforts 
had been made to induce the com- 
mission to reduce the assessment. 

Brandt Theaters Using 

Vaude Stressing "Names" 

Brandt theaters using vaudeville 
are going after big names to head- 
line the stage shows. Ben Bernie, 
George Jessel and Larry Clinton's 
orchestra have been booked, while 
negotiations are on for Bob Crosby 
and his band. 

Jessel opens at the Flatbush on 
Oct. 12, while Bernie follows him 
on the 19th. Clinton's orchestra 
opens on Thursday. The units move 
on a four-week circuit which in- 
cludes the Windsor, Audubon and 

Business at the theaters since 
stage shows were adopted two weeks 
ago was reported as being "satis- 

"U 29" at Globe Friday 

Columbia's submarine thriller "U- 
29," has been set to open at the 
Globe Friday, it was announced yes- 

(Continued from Page 1) 

Marks, director of the National Com- 
mittee For Education, told The Film 
Daily yesterday. Marks stated that 
his organization has started service 
in over 250 theaters in a compara- 
tively short time and that he expects 
to be servicing over 500 theaters by 
Jan. 1. 

Marks, who is associated with the 
Cuneo Printing Press, stated that 
in theaters where he has instituted 
"Book-Night," attendance has been 
increased in every case by 100 per 
cent and up. Marks and Cuneo own 
the patent on the term "Book- 
Night." He said that he expects 
the present weekly 80,000 "Book- 
Night" giveaways to increase to 
200,000 by the end of the year. 

Balaban & Katz, Schine Circuit, 
Fabian, Randforce, the entire Allied 
group in Minneapolis and St. Paul, 
Nelson-Renner-Endicott Circuit and 
other chains as well as indies are 
now being serviced by the Marks 
company, it was learned. He said 
that an analysis of book premiums 
shows that on a basis of giving a 
book for every two premiums handed 
in at the theater, one premium being 
given with each admission on "Book- 
Night," had proved conclusively that 
theater attendance can be doubled 
and trebled as people will bring other 
members of their family or friends 
to get the requisite number of pre- 
miums to get a book. 

Marks also exploits "Book-Night" 
in each house he services with an 
extensive teaser campaign, direct ad- 
vertising locally, radio plugs, and 
general publicity. Company is now 
opening a drive in New England with 
negotiations pending with circuits 
in the Boston and Hartford areas. 

Current offering of Marks in 
houses now using "Book-Night" is 
a 15-volume set of the Standard 
American Encyclopedia. 

NBC To Telecast 2 Trailers 
on Columbia's "Mr. Smith" 

(Continued from Page 1) 

on its regular television program 
Oct. 11 and 18. 

In return, NBC is reported to 
have secured two Columbia shorts 
for its television programs, "There 
Goes Dusty" and a "Screen Snap- 
shots" short. This is the second time 
Columbia has used the television 
waves to plug a picture. 

Pittsburgh V. C. to Elect 

Pittsburgh — The Variety Club of 
Pittsburgh will hold its annual elec- 
tion of officers next Monday. 


(Continued from Page 1) 

general counsel, was unable to at- 
tend but he sent a statement in 
which he devoted attention mainly to 
the Code. He attributed st| -^age 
cf theater construction and a, ay aisi- 
tion by the majors to the Govern- 
ment suit. 

"If the Government suit were 
withdrawn or the Neely Bill aban- 
doned, the present conciliatory atti- 
tude of the majors would not con- 
tinue. Therefore, the independents 
must press on until reforms have 
been granted." 

Important actions are expected 
tomorrow, based on Branch's sugges- 
tions and yesterday's discussion on 
eight points, which include: (1) 
Stronger support for the Neely Bill; 
(2) Free show menace, especially 
sponsored shows by merchants in 
theaterless communities, with prob- 
able reccmmendations for established 
exhibitors to take over the operation 
of these towns; (3) Resolution ex- 
pected to protest distributors making 
own trailers, unless they return to 
the old practice of giving them free 
to exhibitors. Michigan sentiment 
against trailer production by the 
majors on a fee basis, with present 
policy of National Screen Service 
specifically favored; (4) Double bill 
situation will come up for discussion; 
(5) Action against screen credits 
taking up much valuable screen time 
looms likely, with "Wizard of Oz" 
cited as an example; (6) Plans for 
more intensive regional setup for 
Michigan Allied, meetings in each 
part of the state on firmer basis to 
be urged; (7) Theater tax situation, 
following narrow escape from taxa- 
tion last Winter and another fight 
anticipated, and (8) a plan to save 
members on lamp purchases through 
central purchasing. 

Attendance at the convention is 
large, overflow crowds being sent to 
other hotels. 

12 of UA's 20 Pix Finished; 
Expect 26 for 1940-41 Season 

(Continued from Page 1) 

will distribute at least 26 pictures 
for the 1940-41 season. 

The company will release 20 pic- 
tures for the 1939-40 season, 12 of 
which are already finished. 

Moe Gould Recovers 

Pittsburgh — Moe Gould, former lo- 
cal film man, who has been a pa- 
tient at the Will Rogers' Memorial 
Hospital at Saranac Lake, is now 
back in Pittsburgh thoroughly re- 

Seats Top Billed 

Des Moines, la. — Tri-States new In- 
gersoll Theater which opens Thursday is 
plugging its seats with front billing. 
Large signs proclaim: "Staggered seats 
for vision, Love seats for comfort." 

Wednesday, October 4, 1939 




vith Alice Faye, Don Ameche, J. Edward 

!0th-Fox 96 Mins. 


Hollywood here holds up the mirror to 
tself as never before and the result is 
ibsorbing, thrilling romance for audiences 
everywhere and, for exhibitors, not mere- 
y "pay dirt" but a vein of purest ore. 
As entertainment, it can't miss; and as a 
.hronicle of the film's rise from low to 
ligh estate, it is faithful to the essentials 
iiowever they may have been adapted to 
;:erve the needs of the swell Hilary Lynn- 
j Srown Holmes story and the equally swell 
crnest Pascal screenplay. There is nostalgic 
oj-ootage a-plenty for woven into the roman- 
tic fabric is the "birth" of the custard pie 
ind Keystone Cop slapstick, the advent 
-)f the bathing beauty school of cinema, 
:.fhe "discovery" of the De Millean type of 
spectacle and, finally, the debut of sound 
>y way of Al Jolson and "The Jazz Singer." 
And, being candid about it, while Alice Faye 
is Molly Adair, star, and Don Ameche as 
director Michael Linnett Connors play effec- 
•ively upon the heartstrings, turning in 
i outstanding performances, the picture's 
iocko "punch" is found when it frankly 
^everts to the screen's elemental. The 
e-enactment of a Keystone Cop comedy, 
«ith Miss Faye as the heroine, supported by 
I iled Prouty, Buster Keaton, Eddie Collins, 
j Hank Mann, Heinie Conklin and James Fin- 
ayson, will have 'em rolling in the aisles. 
You see this equivalent of a two-reeler 
j In black and white and there is similar 
resort to it for plausibility's sake on occa- 
sion. Otherwise, the film is in Technicolor, 
ind what Technicolor! Corking camera 
fwork cannot but add to the professional 
tature of Allen M. Davey and Ernest Palm- 
ar. And while on the subject of credits, 
generous commendation to Harry Joe Brown, 
associate producer, and Irving Cummings, 
director. By virtue of background and ex- 
perience, both were ideal selections for 
rhis assignment. Cummings has created a 
I fWell nigh perfect illusion and, additionally, 
:arries the story briskly forward with no 
let-down in suspense and interest. And the 
comedy scenes, slapstick and otherwise, are 
wows. The story in tabloid: In Alice Faye, 
Broadway understudy, Ameche, erstwhile 
studio prop boy, sees star material, per- 
suades her to sign a personal contract with 
him, induces the prexy of Globe Pictures 
(Donald Meek) to give him a chance to 
direct her first picture. His lively imagina- 
tion, his tireless energy carry them for- 
i ward until, with Dave Spingold (J. Edward 
Bromberg) as producer-partner, Ameche 
heads his own company. Inevitably, Alice 
falls in love with Ameche but, believing 
him interested only in success, she marries 
Jier leading man, Alan Curtis. Ameche takes 
lit hard, tears up the newlyweds' contracts, 
and, as their stars continue to climb, his 
falls until he is a down-and-outer. Thanks 
to Alice and Bromberg, he gets a chance to 
come back, directing her picture, "Common 
Clay". But with a reel to go, Curtis is 
killed and Alice critically hurt in an auto 
crash. The financial backer (Russell Hicks) 

"Intermezzo: A Love 

with Leslie Howard, Ingrid Bergman, Edna 

Best, John Halliday 

UA-Selznick 66 Mins. 





Here is a high-class offering, splendidly 
directed and produced, which should have 
a special appeal to femme fans. It has a 
tender, appealing love story and intro- 
duces Ingrid Bergman, Swedish actress, who 
gives a fine, convincing performance as a 
concert pianist, who falls in love with Les- 
lie Howard. Howard, of course, is splen- 
did as a famous violinist, who is captivated 
by her youth, beauty and appeal. Edna Best 
is excellent as the wife, who temporarily 
loses Howard, while John Halliday, "little" 
Ann Todd, Cecil Kellaway, Douglas Scott 
and Enid Bennett are among the principals. 
Gregory Ratoff's direction is of the best 
and he has supplied an interesting tempo. 
David 0. Selznick has produced a produc- 
tion of quality and class. George O'Neil's 
screenplay is a splendid vehicle for the 
strong cast. Gregg Toland's photography 
is especially good, while Lou Forbes' mus- 

orders Ameche to finish the picture with a 
double, he refuses, steals the unfinished 
negative until he can persuade Alice to re- 
sume and the backer to permit him to finish 
the film in sound — Ameche, first scornful of 
the talkies, has been won over by "The 
Jazz Singer." Miss Faye is an ideal Molly 
No torch singer here, she turns in a deft 
and sympathetic characterization. And, phy- 
sically, it is a punishing role; after all, slap- 
stick IS slapstick. Ameche, too, gives more 
than a surface performance, and is certain 
to add to his following. Bromberg's Spin- 
gold is another gem, and another to shine 
is Stuart Erwin as Ameche's cameraman. 
The trade will get a kick out of Hicks' 
banker. The parade of veterans — Mack 
Sennett, Lee Duncan, Ben Turpin, Chester 
Conklin, among them — heightens the au- 
thenticity. Finally, there's a fitting musical 
setting, directed by Louis Silvers. 

CAST: Alice, Faye, Don Ameche, J. Ed- 
ward Bromberg, Alan Curtis, Stuart Erwin, 
Jed Prouty, Buster Keaton, Donald Meek, 
George Givot, Eddie Collins, Hank Mann, 
Heinie Conklin, James Finlayson, Chick 
Chandler, Robert Lowery, Russell Hicks, Ben 
Welden, Willie Fung, Paul Stanton, Mary 
Forbes, Joseph Crehan, Irving Bacon, Ben 
Turpin, Chester Conklin, Marjorie Beebe, 
Frederick Burton, Lee Duncan, Rin-Tin-Tin, 
Jr., Al Jolson, Mack Sennett. 

CREDITS: Producer, Darryl F. Zanuck; 
Director, Irving Cummings; Associate Pro- 
ducer, Harry Joe Brown; Screenplay, Ernest 
Pascal; Story, Hilary Lynn, Brown Holmes; 
Based upon an original idea by Lou Breslow; 
Photographed in Technicolor, Director of 
Photography, Allen M. Davey, A.SC; Tech- 
nical Director, Natalie Kalmus; Associate, 
Henri Jaffa; Director of Photography, Ernest 
Palmer, A.S.C.; Art Direction, Richard Day, 
Wiard B. Ihnen; Film Editor, Walter Thomp- 
son; Sound, Eugene Grossman, Roger He- 
man; Musical Direction, Louis Silvers. 



Nickelodeon, 1939 

New Orleans — Another dual-run com- 
mercial area house running at five cents 
admission was announced here as a 
triumvirate consisting of Showman Alex 
Shulman and two business men — Charles 
and Rene Levy, — took over the Lafay- 
ette from veteran Jake Miller. Shulman 
operates the nabe Best and Casino the- 

ical score is an important factor in the 
production. When Howard returns from 
a concert tour, he meets Ingrid Bergman 
who teaches piano to Ann Todd, daughter 
of Howard and Edna Best. He falls deeply 
in love with her and persuades her to be 
his accompanist on his next tour. They 
are very happy together, but she finally 
decides his place is with his wife and 
two children. Ann is hit by an auto while 
rushing to greet Howard near her school. 
He takes his injured child to their home. 
The doctor assures him the youngster will 
recover and as Howard is about to leave, 
his wife, Edna Best, appears and a recon- 
ciliation follows. 

CAST: Leslie Howard, Ingrid Bergman, 
Edna Best, John Halliday, Cecil Kellaway, 
Enid Bennett, Ann Todd, Douglas Scott, 
Eleanor Wesselhoeft, Maria Flynn. 

CREDITS: Producer, David 0. Selznick; 
Director, Gregory Ratoff; Associate Pro- 
ducer, Leslie Howard; Authors, Gosta Stev- 
ens and Gustav Molander; Screenplay, 
George O'Neil; Cameraman, Gregg Toland, 
ASC; Art Director, Lyle Wheeler; Special 
Effects, Jack Cosgrove; Supervising Film 
Editor, Hal C. Kern; Editor, Francis D. 
Lyon; Musical Director, Lou Forbes. 



{Continued from Page 1) 

to sell the company's pictures 
"harder and better than they've 
ever been sold before." 

With the loss of a large part of 
the foreign market, Silverstone 
wrote, the American distributing 
company has to stand on its own. 

"There are two responsibilities 
(one being to our producers and 
the other our company) each of us 
have," the letter said. "I would like 
to ask you again to share them 
with us, and to help make a go of 
these new conditions. I'd like you 
to pitch in with me on the great 
task and the happy task of avoid- 
ing pay cuts and lay-offs and still 
keeping the company in business. 
It's a fighting job and I know we 
can do it." 

Buck Jones to Rainbow 

West Coast Bureau of THE FILM DAILY 

Hollywood — Buck Jones has been 
signed for four high-budget action 
pictures by Rainbow Productions, 
Inc., according to Producer Edward 
Gross, who recently organized the 
new company. Gross is currently 
negotiating for one of the Zane Grey 
novels and plans to start production 
Nov. 10. Jules Goldstein, eastern 
financier, is bankrolling the new 

There's always the 


XA/HEN in doubt refer to 
BOOK. This Standard Refer- 
ence Book of the Motion Pic- 
ture Industry will answer prac- 
tically every question about 
production, distribution or ex- 
hibition. The 1940 edition is 
now in preparation. 


1501 Broadway, 
New York City 

6425 Hollywood Blvd., 
Hollywood, California 


Aldine, Philadelphia DOES 200% 


"The best Selznick picture since 'A Star 
Is Born' ". — Philadelphia Daily News 

" Hollywood finally has found the Garbo 
it's been looking for. She's Ingrid 
Bergman ... younger, stronger, freer 
and possessed of that same intellectual 
coolness which combined with an inner 
flame makes a Garbo." 

— Philadelphia Record 

" Strongly appealing and intensely inter- 
esting." — Philadelphia Inquirer 

"A film of power and beauty. Miss 
Bergman is the screen's most interesting 
new personality." — Philadelphia Record 

"Should be given the finest rating of 
any picture made in many a day. The 
most perfect job this reviewer has ever 
seen. Leslie Howard magnificent." 

— Hollywood Reporter 






A Love Story 



Produced by DAVID O. SELZNICK 
Directed by Gregory Ratoff 
Associate Producer Leslie Howard 






u j sit i i THOMPSON 

M I 3 l J £ 13 


Intimate in Character 
International in Scope 
Independent in Thought 




The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

V(t*976. NO. 67 



Nathanson, Indies to Confer on Canadian Clearance 


Monogram Reports $78,773 Eight Months 1 Net Profit 

A Bull's-eye 

"Hollywood Cavalcade" 

— ^=-By CHESTER B. BAHN '—=■ 

CINCE the outbreak of hostilities in Eu- 
rope presented this industry with a 
series of grave problems, much has been 
said, editorially and otherwise, about the 
necessity of the domestic market taking up 
the greater part of the revenue slack. 

This presupposes that Hollywood, while 
not forgetting that a considerable segment 
of the foreign market remains at the dis- 
tributors' disposal, will pay increasing at- 
tention to American taste in entertainment. 
That, further, it will bear in mind that while 
the "gravy" may have come from overseas, 
the industry generally has been dependent 
upon the home market for its bread and 
butter, its meat and 'taters. 

As if timed to a nicety for the intensive 
effort to stimulate American attendance 
and grosses, Twentieth Century-Fox has 
"Hollywood Cavalcade," now the subject of 
trade screenings in advance of its Oct. 13 
national release date. First-rate entertain- 
ment, this Darryl F. Zanuck production in 
Technicolor is right down the American 
fan's alley. 

— • — 

THE picture is as American in story and 
' theme as Main Street itself and, as 
cunningly fashioned by its makers, is de- 
signed to attract the patronage of all ages 
and all classes of moviegoers. Patently no 
history of the industry, the picture never- 
theless serves to visualize realistically its 
several stages of development. While dra- 
matic license has been exercised, to color 
and carry forward the action, there will be 
few inclined to quarrel. 

From the exploitation standpoint, Holly- 
wood has turned out few pictures with the 
possibilities found in the Alice Faye-Don 
Ameche starrer. The showman who can't 
cash in with "Hollywood Cavalcade" just 
isn't a showman. From start to finish, the 
film is a challenge to the exhibitor's mer- 
chandising imagination, and it should result 
in outstanding campaigns, both in small 
towns and metropolitan cities. 

— • — 

THE wise in the industry will closely watch 
' national audience reaction to the slap- 

(Continued on Page 2) 

Broidy Joins Directorate; 

Board Renames Johnston 

as President 

Monogram's operating profit for 
the eight months from Nov. 1, 1938, 
to July 1, 1939, was $78,773.89, W. 
Ray Johnston, president, informed 
the company's stockholders at an 
interim meeting yesterday. 

Samuel "Steve" Broidy, Mono- 
gram's Boston franchise holder, was 
elected to the board of directors at 
yesterday's meeting, following his 
nomination to the place left vacant 

{Continued on Page 8) 

MPPDA Board Meet 
Off Till Tomorrow 

Adjourned quarterly meeting of the 
MPPDA board of directors, scheduled for 
yesterday, was deferred until tomorrow. 
Foreign situation, and domestic repercus- 
sions, is the No. One subject on the 
program. Will Hays will preside. 



Claims of Local 258, CIO, that its 
charter gives it jurisdiction over the- 
ater operators are without founda- 
tion, an official spokesman for Local 
306, operators' union, IATSE-A F of 
L, told The Film Daily yesterday, 
stating that Samuel Wolchak, pres- 

(Continued on Page 8) 

Three circuits have replied to 
Harry Brandt's suggestion for united 
action in arbitrating clearance in the 
Metropolitan area but all answers 
have been non-committal, each ask- 
ing for further information. Letters 
were received from the Prudential, 
Cocalis and Skouras circuits. 

The ITOA arbitration committee 
will meet shortly to draw up a 

{Continued on Page 7) 

Pathe Acquires West Coast 
Lab; Form New Subsidiary 

Pathe is reported to have acquired 
the Cinelab in Santa Monica, Cal., 
which will give Pathe a West Coast 

(Continued on Page 6) 

Four-fold Threat in Ohio's 
Constitutional Amendments 

Columbus, 0. — Bigelow constitu- 
tional amendments providing, among 
other things, for materially increased 
old age pensions constitute a four- 
fold threat to the state's film biz, the 

(Continued on Page 8) 

Famous Players Canadian Prexy Will 
Meet With Indies on Clearance Plan 

Samuel Pinanski Re-elected 
Prexy of Allied of Mich. 

Boston — Samuel Pinanski, Para- 
mount operator in New England, 
yesterday afternoon was returned to 
the office of President of Allied The- 
aters of Massachusetts, an MPTOA 
unit. Only changes in the list of 
officers were the substitutions of 
(Continued on Page 8) 

Toronto — Move for a national 
clearance board in the Dominion, 
launched at the recent convention of 
indies under sponsorship of the Anti- 
Protection League, took a step for- 
ward yesterday with the announce- 
ment that N. L. Nathanson, prexy 
of Famous Players Canadian, would 
meet with an indie committee. 

Confab is expected to take place 
within a week or 10 days at the lat- 
(Continued on Page 6) 

Arbitration Plan to Be Put Up 

to Nat. Allied, D of J and 



FILM DAILY Detroit Correspondent 

Kalamazoo, Mich. — In a resolution 
adopted unanimously, Allied Thea- 
ters of Michigan, in the closing ses- 
sion of its annual convention yester- 
day, advocated continued negotiation 
of an industry Code, meanwhile peti- 
tioning national Allied, the Depart- 
ment of Justice and the distributors 
to place the old Code's arbitration 
clauses, or a similar formula, into 
operation at once in order to furnish 
immediate relief without waiting for 
further negotiations. 

(W. F. Rodgers, spokesman for the 

(Continued on Page 8) 


Loew's, Inc., is considering the es- 
tablishment of one or more neigh- 
borhood theaters in Buenos Aires, 
according to Dave Lewis, the com- 
pany's Argentina manager, who ar- 
rived in New York Tuesday. Lewis 
yesterday said he would discuss the 

(Continued on Page 6) 

Examine Lenrose Officers 
in Trust Suit Preliminary 

Examination of officers of the 
Lenrose Amusement Corp., plaintiff 
in an anti-trust suit for $150,000 
damages against the eight major 

(Continued on Page 8) 

Til* License Fees 

in Manila 20 P. C. 

Manila (By Cable) — In a move to 
raise additional revenue, the municipal 
government is raising license fees here 
by approximately 20 per cent, with film 
theaters included in the nine classifica- 
tions affected by the legislation. It is 
expected that exhibs. will raise admis- 
sion prices slightly to cover. 




Thursday, October 5, 1939 

Vo:. 76. No. 67 Thurs.Oct. 5, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays ami 
dolidays at 1501 Broadway, New York, N. Y., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau. Secretary -Treasurer; En- 
tered as second class matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118, 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. Hollywood. 
California— Ralph Wilk, 6425 Hollywood 
Blvd., Phone Granite 6607. London — Ernest 
W. Fredman, The Film Renter, 127-133 War- 
dour St., VV. I. Paris— P. A. Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
soulan (12). Mexico City — Maico-Aureli" 
Galindo, Depto. 19, 5A, Dr. Lucio No. 102. 
Mexico, D.F. Buenos Aires — Chas. de Cruz. 
Fleialdo Del Cinematografista, Corrientes 1309. 



High Low Close Chg. 

11 11 11 

) 77/ 8 73/ 4 77/ 8 + l/ 8 
19 19 19+1 

Am. Seat 

Col. Picts. vtc. (2y 2 % 
Columbia Picts. pfd.. 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. . . 

East. Kodak 

do pfd 

Cen. Th. Eq 

Loew's, Inc 

do pfd 


Paramount 1st pfd. . . 
Paramount 2nd pfd.. 

Pathe Film 


20th Century-Fox . . . 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros 

do pfd 

153 152'/ 2 1521/2 — i/ 2 

158 156 156 — 2 

9% 91/ 4 93/ 8 + 3/ 8 

34 33 333/ 4 + 7/ g 


73/4 77/ 8 + l/ 4 

9 83/ 4 9 + 

lH/2 llVg 113/g + 








l 5 /8 + '/a 
14 + 3/ 8 


66 — 11/2 

4'/s — Va 

421/2 41 1/2 421/2 + 1 

Keith B. F. ref. 6s46.100!/ 4 100 100 — l/ 2 
Loew's deb. 3l/ 2 s46.. 941/2 94i/ 2 94i/ 2 + 1 

Para. B'way 3s55 

Para. Picts. 6s55 

Para. Picts. cv. 3 i/ 4 s47 78 Vi 78 78 Vi + Vi 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 


Monogram Picts lVs IVs 114 

Sonotone Corp 

Technicolor 11% lli/ 4 113/ 8 


Universal Corp. vtc 

Universal Picts 

A Butt's-eye 

"Hollywood Cavalcade" 


Bid Asked 

Pathe Film 7 pfd 100 

Fox Thea. Office Bldg. 1st '46... 4 51/2 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45... 63 6' 
Roxy Thea. Bldg. 4s 1st '57 583/ 4 61 "4 



Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


(Continued from Pat/c 1) 

stick footage, a frank throwback to the 
custard pie and Keystone Cop days. If 
preview reaction is any criterion, the appeal 
of pratt falls and other primary roughhouse 
comedy is as great as it was in Mack Sen- 
nett's hey-day. 

And if that's true, there's a not-so- 
gentle hint there for shorts producers. 

Western New York Exhibs. 
To Ask Cut in Power Rate 

Buffalo— MPTO of Western New 
York, headed by A. C. Hayman, is 
preparing to battle before the Public 
Service Commission for a cut in pow- 
er costs to exhibs. Unit at present 
is making a checkup on electric light 
bills paid by its members, prelim- 
inary to the PSC move. 

Organization has won its argu- 
ment for the alphabetical listing of 
daily theater ads on local theater 
pages, and details will be made pub- 
lic at a meeting next Monday, it is 

Ed Kuykendall, MPTOA prexy, is 
scheduled to attend the session and 
speak on contractual relations to dis- 

Bunn, Former Erpi Exec, 

Joins Wire Broadcasting 

Announcement was made yester- 
day of the appointment of C. W. 
Bunn, formerly Erpi general sales 
manager, as general manager of 
Wire Broadcasting Corp. of Amer- 
ica. Bunn has taken up his duties 
on the 25th floor of the Fisk Build- 
ing, 250 W. 57th St., New York 

Bunn said yesterday that arrange- 
ments were under way to extend the 
expanding business of Wire Broad- 
casting to cities where it is not yet 

The new general manager will su- 
pervise the activities of the follow- 
ing associated organizations: Tele- 
programs, Inc.; Telemusic, Inc. of 
New York; Muse- Art Corp. of Phil- 
adelphia; Television Music, Inc. of 
Washington, D. C; Telemusic, Inc. 
of New Jersey; Wire Broadcasting, 
Inc., of New Jersey, and Wire 
Broadcasting, Inc, of Pennsylvania. 

Warners Add Featurets; 

Moray Defers Coast Trip 

Two more historical featurets 
have been added to the Warner pro- 
gram for the current season. 

"Discovery of America," the story 
of Christopher Columbus, will be 
filmed in December. "Daniel Boone, " 
will be made in January. Gordon 
Hollingshead will supervise the pic- 

Norman H. Moray, Vitaphone sales 
manager, has delayed his trip to 
the Coast until January, when he 
will confer with studio officials on 
plans for increasing the program 
of historical pictures. Moray had 
originally scheduled his visit for Oc- 

Examine Max Halperin 

In Gary Theater Action 

Chicago — Max Halperin, Warner 
circuit booker, yesterday was ex- 
amined before Attorney Sigmund 
Davis regarding Warner theater 
booking classification in the Chicago 
territory, and various types of com- 
petition between circuit and indie 
theaters. Albert Gavit, attorney for 
W. H. Young, Gary theater owner, 
will check both the Walter Immer- 
man, (B & K general manager) and 
Halperin statements for the next 
move in the Gary case, assigned to 
Federal Judge Holly's court but 
with no trial date yet set. 

Defer Loew Board Meet 

Scheduled meeting of Loew's board 
of directors yesterday was deferred 
for a week or 10 days. 

Shanghai Circuit Loses 

Metro Pix Thru Dispute 

Shanghai (By Cable) — Following 
a reported dispute over policy, Metro 
is now selling away from the Asia 
Theaters here and is servicing the 
New Roxy Theater instead. It is 
believed that this move will pre- 
clude any continuation of plans un- 
der way by the Asia organization 
to build a new first-run house here. 

With all living costs rising rap- 
idly, a large-scale advance in the- 
ater admissions is forecast in this 
city and throughout Chinese terri- 
tory. Reports received here from 
Tientsin state that the flood in that 
area has damaged many theaters. 
Distributors there are working un- 
der the greatest difficulties as trans- 
portation is extremely hazardous 
and uncertain. 

Local 52 Calls Strike 

at Paramount News Plant 

Strike was called yesterday at 
Paramount News by Local 52, stu- 
dio mechanics union, following a 
breakdown of negotiations between 
the union and the newsreel when 
the reel insisted on cutting' down 
the number of Local 52 men em- 
ployed at the plant. It w°s re- 
ported at the union's headquarters 
that the strike, affecting seven men. 
had been sanctioned by the IATSE. 
Lab. workers and cameramen are 
also members of IA organizations 
but as yet are not involved. 

Chilean Treaty Briefs 

Deadline to be Nov. 11 

Washington Bureau of THE FILM DAILY 

Washington — The film industry 
has until Nov. 11, 1939 to submit 
briefs in behalf of the industry to 
be included in the trade agreement 
neeotiations with Chile. This is the 
first trade agreement since out- 
break of the war with a South Amer- 
ican country in which the industry 
will have a chance to strengthen its 
trade in South Amei'ica. 

cominG rfid Gome 

O. HENRY BRIGCS, president of Pathe Labs., 
leaves tomorrow for the Coast. 

DAVE LEWIS, Loew's manager in Buenos 
Aires, is in New York. 

stopping at the Waldorf-Astoria. 

WILLIAM C. GEHRING, Central division- man- 
ager for 20th-Fox, returns tomorrow from Can- 
ada where he conferred with Famous Players 

HARRY FOSTER, Columbia shorts director, is 
planing back from three weeks at the Coast 
where he went in connection with the Osa John- 
son picture,, "I Married Adventure." 

RAY BOLGER has returned to the Coast from 
New York. 

GARY COOPER left New York yesterday for 

ARTHUR WILLI, RKO talent scout, has gone 
to Chicago. 

EDWARD C. RAFTERY, UA secretary and 
counsel, is en route to the Coast to join Mur- 
ray Silverstone. 

FRED STORM, Coldwyn's studio publicity 
rep., has arrived here and will headquarter 
indefinitely at the New York office. 

SAM BURCER. special foreign representative 
for Loew's, Inc., leaves shortly for Central Amer- 
ica, his assignment to Europe being temporarily 

NED SPARKS is stopping at the Warwick. 

Loew's to Open New Metro 
House 'Down Under' Friday 

Loew's new 1,500-seat Metro The- 
ater in Adelaide, Australia, will be 
opened tomorrow with M-G-M's 
"Sweethearts" as the initial attrac- 
tion. It is a modern orchestra-bal- 
cony type house, and features the 
latest appointments, including air- 
conditioning. The booth is equipped 
with three projectors and special 
devices for producing color and 
light effects. 

Technicolor Dividend 

Technicolor Corp.'s board of di- 
rectors yesterday declared a divi- 
dend of 25 cents per share on its 
stock, it was announced by Dr. Her- 
bert Kalmus, president and general 
manager. Dividend will be paid 
Oct. 18 to stockholders of record 
as of Oct. 13. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 


Arthur M. Loew 

David L. Loew 

James Bradbury, Jr. 

George Irving 

Kathryn Crawford 






Garbo flirts— Garbo dances— Garbo drinks— Garbo howls — 
Garbo romances— Garbo kisses — Garbo hits the Paris hot 
spots, laughing, loving in the saucy, racy Lubitsch comedy of 
Paris in the wonderful days when a siren was a brunette and 
if a Frenchman turned out the light it was not on account 
of an air raid. Start telling your patrons now and don't stop! 

and you'll 
shout from 
the house 






— don't pronounce it — SEE ITS 


and into the heart 
the convict. the 
amazing story of a 
lovable country doc- 

e one: 


Thursday, October 5, 1939 


(Continued from Page 1) 

plan with company officials during 
his three-week stay in New York. 
Loew's has no theaters in Buenos 
Aires hut M-G-M gets first-run out- 
let there through one of the top 

Lewis said that Argentina had 
sold all of her surplus wheat and, 
even though the price was low, it 
is expected to reflect favorably upon 
the economic situation and eventu- 
ally would find its way to the box 

Current plan to peg the peso to 
the dollar instead of the pound also 
may help the film business in Argen- 
tina if consummated, he said. 

Sam Burger, special foreign repre- 
sentative for Loew's, leaves shortly 
for Central America. His assign- 
ment to Europe has been postponed 
temporarily, as Laudy Lawrence, 
present European manager, has not | 
yet been called for active service in : 
the French army. 


Pathe Acquires West Coast 
Lab; Form New Subsidiary 

(Continued from Page 1) 

laboratory. A new company, Pathe 
Laboratories, Inc., of California, will 
absorb Cinelab as a wholly owned 
Pathe subsidiary. 0. Henry Briggs, 
president of Pathe Laboratories, 
leaves tomorrow for the Coast to 
consummate the deal. 

Salary Cuts for Actors Not 
Answer to Producer Problems 

West Coast Bureau of THE FILM DAILY 

Hollywood — That a percentage cut 
of salaries of talent group is not 
the answer to the present problem of 
producers was the statement made 
in a letter sent to the entire mem- 
bership of the Screen Actors' Guild 
by Kenneth Thomson, its executive 

"We feel it is the right of ac- 
tors," said the letter in part, "to 
have complete knowledge of the 
effects of the war on the motion pic- 
ture industry. We believe that ac- 
tors should know exactly what every 
branch of the industry, including 
distribution and exhibition, is pre- 
pared to sacrifice if necessary." 


Glendon Allvine of 20th-Fox be- 
came the proud father of a baby girl 
this week when his wife, Louise, 
gave birth to an eight - pound 
daughter. Event took place at the 
Lenox Hill Hospital with mother, 
daughter and father reported doing 

with PHIL At. DALY; 

T ▼ T 

• • • TOMORROW'S the day We mean the Golden Anni- 
versary of the birth of motion pictures it was 50 years ago tomor- 
row that Edison and Dickson demonstrated their wonderful Kine- 

toscope the practical beginning of our industry! For quite a 

span of years there have been folks along local Film Row 

who have said both confidentially and publicly "Just wait 'till the 

Golden Anniversary of films comes around! Boy, Oh, Boy! 

THEN won't our showman-studded pix business go to town with 

a super-colossal celebration!" 

• • • SO yesterday your ole pal, Phil M. Daly 

toddled o'er the town to find out just how Pa Knickerbocker's 

pix homes home offices exchanges et cetera 

were going to make manana memorable tomorrow! 

the Golden Anniversary of the Movies! 

• • • SAINT or Svengali could not have thought up a more 

innocuous question than that which we put to a number of pix per- 
sonages The question was (First you fill in the name of the 

questioned one, e.g., Frank, Moe, Hector, etc "(Blank), — You're in 

the picture business; what SPECIAL day is tomorrow?" The answers 

were indeed devious Many averred it was Friday Many syn- 

onymized it by yawning "Another fish day" Many said: "The Yanks 

will have three straight by then" One mugg said: "That's a cinch, 

it's Carole Lombard's birthday" while another opined it was Janet 

Gaynor's Finally we crawled back to the toil of typing when 

a pix solon inspiredly responded "Friday, Friday, sure it's a spe- 
cial day! They're auctioning-off some waterfront lots.... up in my 

town in Connecticut!" 

• • • BUT don't draw the conclusion from our experience 

that something isn't going to be done hereabouts to 

make the public more movie-minded on the Golden Anni- 
versary of the Movies tomorrow No, indeed there will 

be a 15-minute broadcast from 1.15 to 1.30 p.m. over the Red 

network of NBC the speaker being Mrs. Mina M. Edison 

Hughes widow of Thomas A. Edison Event is sponsored 

by the m.p. department of the New York State Federation of Wo- 
men's Clubs of which Mrs. Malcolm Parker MacCoy is chair- 
man Isn't it the height of something or other that about 

the sole Golden Jubilee celebration locally is via the radio 

(disliked by many exhibs. as competition) and sponsorship 

is by a gracious lady whose organization has been referred 

to stigmatically as a "pressure group" 

• • • IF you have a spare moment today turn to Page 2100 

of the renowned Burton Stevenson volume "The Home Book of 

Quotations" There you'll find an amazing maxim BY THOMAS 

A. EDISON "Everything comes to him who hustles while he waits" 

which is tag line enough 


« « « 

>y ^> v 

(Continued from Page 1) 

est. Arrangements were in progress 
yesterday, following receipt of word 
from Nathanson that he was agree- 
able to the discussion. 

Col. John A. Cooper, head oVthe 
motion picture distributors ai{^) JX ~ 
hibitors of Canada, has communi- 
cated with the general managers of 
all the film exchanges in the Domin- 
ion and the latter have stated they 
will announce their attitude toward 
the proposed plan as soon as the con- 
ference between the committee and 
Nathanson has been held. 

"Intermezzo" Opens Tonight; 
Many Notables to Attend 

Acceptances from internationally- 
known celebrites of invitations to 
attend the premiere of David O. 
Selznick's new UA production, "In- 
termezzo, A Love Story," at the 
Radio City Music Hall this evening, 
continue to pour in. The picture 
stars Leslie Howard and introduces 
in her first American picture, In- 
grid Bergman, Sweden's foremost 

Among those who will attend are 
Count and Countess F. Bernadotte; 
Count and Countess H. Hamilton, 
Mr. and Mrs. Nils Melin, Mrs. Ker- 
stin af Buran, Miss Karin Engberg, 
Mr. and Mrs. Tage Palm, Consul 
General and Mrs. M. Kastengren, 
Consul Claes Carbonnier. Consul and 
Mrs. M. Lindholm, Mr. Hilmer Lund- 
beck, Donna Elly Colonna and Dr. 
and Mrs. Henry Goddard Leach. 

Also, Mr and Mrs. Arthur Hays 
Sulzberger, Mr. and Mrs. George 
Backer, Paul Block, Mr. and Mrs. 
Dwight Deere Wiman, Mortimer 
Berkowitz, Miss Frances MacFad- 
den, Rolf A. Christensen. P. O. 
Bahervuori. Maury Paul. Miss Eve 
Brown, Miss Gertrude Bailey and 
Miss Nancy Randolph. 

Bagatelle Takes Reade 

District Manager Post 

E. Reisler. district manager for th 
Walter Reade Theaters in New York, 
has resigned his position to enter 
the hotel supply business in Miami. 
Seymour Bagatelle, former booker 
and district manager for the Morse- 
Rothenberg circuit in Boston, will 
take over the post vacated by Reis- 
ler, with headquarters at the City 


Junction City, Kan. — Ken Prickett, 
Junction City manager of the Grif- 
fith-Dickinson Theaters for the past 
vear. was married on Sept. 25 to 
Hazel Rush of Junction City, at the 
home of the bride's parents at Chan- 
ute. Prior to his present connection, 
the bridegroom managed theaters 
for the Schine Circuit in Ohio and 

Thursday, October 5, 1939 

&*\ DAILY 



(Continued from Page 1) 

course of action and re-submit the 
plan to the circuits. On Sept. 20, the 
IT QA, through Brandt, sent letters 
to v 1T?'.-uit operators in the Metro- 
politan zone, in an effort to sound 
out their willingness to arbitrate 
clearance problems, pointing out 
that the distributors were willing if 
the circuits would co-operate. Early 
indications were that the circuit 
heads were cool to the proposal. 

Warner, Cohn Among Today's 
Witnesses in Coast Probe 

West Coast Bureau of THE FILM DAILY 

Hollywood — Several union officials, 
including S. B. Newman, internation- 
al representative of the IATSE, and 
H. K. Sorrell, business agent of the 
M. P. Painters Union, were among 
witnesses at yesterday's session of 
the Federal grand jury which is en- 
quiring into various alleged irregu- 
larities in the motion picture indus- 

Among those who will testify to- 
day are Harry M. Warner, Harry 
Cohn, Pat Casey, labor contact rep. 
of the AMPP, and his assistant, Vic- 
tor Clark. 

WB to Plug Pix With Photos 
to 11,000 American Schools 

Under a new publicity plan just 
adopted by Warners. li,000 public 
and high schools throughout the 
country will regularly receive sets 
of 3x4 photos telling the story of 
important pix for use in photoplay 
appreciation studies. First picture 
to be so publicized will be "On Your 
Toes," musical starring Zorina. with 
"The Roaring Twenties." the James 
Cagney production, and "The Pri- 
vate Lives of Elizabeth and Es- 
sex," co-starring Bette Davis and 
Errol Flynn, to follow. 

Ontario ITA to Convene 

in Toronto Next Tuesday 

Toronto — Annual meeting of the 
Independent Theaters Association of 
Ontario has been s°t for next Tues- 
day at the King Edward Hotel here. 

Reade Managers Shifted 

Asbury Park — H. Van Vorst, man- 
ager of Reade's St. James Theater, 
has been transferred to the Savoy 
Theater following the resignation 
of Glendon Redden. Malcolm Mar- 
shall, Paramount manager, moves 
to the St. James Theater in a like 
capacity with R. Mooney. Lvric The- 
ater manager, succeeding Marshall. 
Kennedy, assistant manager of the 
Community Theater, Morristown, N. 
J., has been assigned to the post 
vacated by Moonev at the Lyric; 

"The Great 

with jDhn Beal, Maurice Moscovich, Albert 

Czthedral Films 85 Mins. 


The story of the Christ as here told is 
something that everyone should see. When 
a Christian minister, the Rev. James K. 
Friederich, takes it upon himself to spend 
a huge sum of his own money to dispel 
the mistaken version of the Crucifixion 
and to sensibly present the facts of His 
death (due to His becoming too strong 
and powerful for the Roman dictator Pon- 
tius), the least the industry can do is to 
support it. As a regular production, this 
picture can be shown everywhere. It 
has a splendid cast in which John Beal, 
Maurice Moscovich and Albert Dekker 
stand out with performances that make 
for reality, the plot is always interesting, 
serving well to convey Christ's teachings, 
the piece is well mounted in all depart- 
ments, and throughout, it expresses good 
taste in its handling. With its very 
important message, it should receive the 
sort of presentation which will not allow 
this message to be in vain. John Coyle, 
the producer, Dana Burnet, the writer, 
and Irving Pichel, the director, all did ex- 
cellent work in bringing it to the screen. 
Hans Salter and Walter Jurman wrote 
the very fine original musical score. The 
story tells of the Roman conquerors of 
Jerusalem levying terrific taxes on the 
Israelites and putting into bondage those 
who could not pay them. John Beal is 
the leader of a group which is antagonistic 
to the Romans, but as the oldest son of a 
Rabbi, he does not believe in bloodshed 
but rather looks for the Messiah who will 
come to lead. He hears of Jesus but hi* 
father believes that Christ is a faker. A 
solit develops between father and son 
when the son becomes a follower of Christ 
who he believes is the Messiah. A Roman 
soldier has killed John's brother and in so 
doing he himself is wounded. Christ in 
the meantime has been crucified by the 
Romans, but even so when John hears his 
voice, he follows Christ's teachings on the 
brotherhood of man, and helps nurse the 
wcunded soldier to health even though his 
Deople want to kill the soldier. A ro- 
mance runs through the picture in which 
John and Tamar (Marjorie Cooley) are 
deeply in love. Their parents having 
arranged for it, she is nearly married off 
to John's brother, but the latter's death 
opens the way to John and Tamar bein<? 

CAST: John Beal, Maurice Moscovich. 
Albert Dekker, Marjorie Coolev. Warren 
McCullum, Lloyd Corrigan, Ian Wolfe. Olaf 
Hvtten, Anthony Marlowe. Lester Scharff 
Albert Soehr. Marc Loebell, Harold Minjir 
Earl Gunn, George Rosener, John Merton 
Perry Evans. Stanley Price, D'Arcy Corri- 
gan. Max Davidson. 

CREDITS: Producer, John T. Coyle; As- 
s°ciate Producer, Rev. James K. Friedrich; 
Director, Irving Pichel; Author, Dana Bur- 
net; Cameraman, Charles Boyle; Art Di- 
rector, Edward Jewell; Editor, Ralph Dixon: 

"The Challenge" 

with Robert Douglas, Joan Gardner, Luis 
Trenker, Mary Clare 

Film Alliance of the U. S. 69 Mins. 


Dealing with the conquest of the Mat- 
terhorn, — or Mont Cervin, which stands 
majestically in the Swiss and Italian Alps, 
having an approach from both countries, — 
this feature can best be described as an 
historical documentary melodrama. To ex- 
plain this three-fold designation, the foot- 
age is historical (although considerable 
liberties have been taken, and admittedly) 
because it relates how, at a time virtually 
contemporaneous with our own Civil War, 
the Matterhorn had not yet been scaled 
by man. But along came a young Britisher, 
who led a polyglot party up the slopes, 
gaining the 14,780-ft. summit before a 
rival group. Now the footage is also 
of a documentary character because it 
concerns itself plainly with the thesis that 
mountain climbing is decidedly an indus- 
try in Switzerland, albeit it is usually 
defined as a sport. Next, and finally, the 
opus is a melodrama, and often an ex- 
citing one. The screenplay stokes up the 
emotional fires of the audience by taking 
the young British climber and a noted 
Swiss guide, welding them into a great 
and noble friendship, and then erasing the 
Damon and Pythias bond after they were 
pledged to do or die together in mastering 
the Matterhorn. Toward the finale, when 
the young Britisher has succeeded, while 
the Swiss guide has failed, the latter is big 
enough in defeat to vindicate his supposed 
enemy who has been charged with re- 
sponsibility for the death of several mem- 
bers of the party he marched in triumph 
to the summit. There is a shred of love 
story, but only that. Scenically, the film 
is attractive. It is well photographed, and 
Director Milton Rosman has made the most 
of limited material. Cast gives a good ac- 
count of itself, for members are suffi- 
ciently "Continental" to be convincing in 
their characterizations. 

CAST: Robert Douglas, Luis Trenker, 
Mary Clare, Fred Groves, Joan Gardner, 
Frank Birch, Geoffrey Wardwell, Cyril 
Smith, Moran Capiat. 

CREDITS: Producer, Denham Films, Ltd.; 
Director, Milton Rosmer; Co-Director of 
Alpine scenes, Luis Trenker; Art Director, 
V'ncent Korda; Screenplay, Emeric Press- 
burger; Scenario, Patrick Kirwan. Milton 
Rosmer; Cameraman, Georges Perinal; Edi- 
tor, E. B. Jarvis. 


"Gold Star Mothers" Nov. 11 

West Coast Bureau of THE FILM DAILY 

Hollywood — William A. Ullman, 
Jr., has been assigned to write "Gold 
Star Mothers" which will be made 
by Producers Pictures Corp., for re- 
lease on Nov. 11, Armistice Day. 

Music by Hans Salter and Walter Jur- 
man; Sound, Hal Baumbaugh. 

Very Good. 

Film Daily sub- 
scribers raved 
about the 1939 
Film Year Book. 

They are now 
us on the Film 
Daily Caval- 

Both of these 
publications are 
fine books but 
wait until you 
see the 1940 
It's gonna be 


Thursday, October 5, 1939 


(Continued from Page 1) 

distributors' negotiating committee, 
declined to comment on Michigan 
Allied's Code proposals until he had 
had time to study them, but he indi- 
cated that Code negotiations ap- 
peared useless in view of the Depart- 
ment of Justice's action.) 

Delegates were of the opinion that 
arbitration is an essential factor in 
conducting the exhibition side of the 
business and they appeared to be de- 
termined to press for some sort of 

Ray Branch of Hastings was re- 
elected president of the unit. Other 
officers elected yesterday included: 
Cass R. Beechler, vice-president; Ed 
Kirschnei - , secretary - treasurer; 
Henry Carley, William Cassidy, Glenn 
Cross, Allen Johnson, W. James Ol- 
son, Fred Pennell, J. H. Ross, P. C. 
Schram, William Schulte, Walter 
Semeyn, J. E. Stocker and W. G. 

A resolution was passed estab- 
lishing the Michigan unit's office as 
a centralized purchasing agency for 
the first time, specifically for the 
purchase of lamps for which quan- 
tity discounts are available. 

Another resolution was passed to 
draft a state law to outlaw or regu- 
late free shows, subjecting them to 
the same regulations and financial 
requirements as regular theaters in 
the interest of safety and fair trade 

The convention passed another 
resolution advocating free trailers 
from the distributors, at least on 
percentage pictures. 

Some discussion was centered on 
the tax situation but no action was 
taken. Measures for strengthening 
the organization received major in- 
terest as the proper tax on any fu- 
ture amusement tax measures. 

Lincoln Theater Corp.'s 

Biz Best In 7 Years 

Lincoln, Neb. — Lincoln Theater 
Corp. biz for the first three-quarters 
of 1939 has been superior to any 
run since 1932. The summer was 
likewise better. Big contributor to 
the better showing was the opera- 
tion of only three houses, where five 
or more had been maintained in 
previous years. The indie Capitol is 
slightly better off than 1938, and 
it had a good year then. The other 
outfit, Nebraska Theaters, Inc., has 
been staying even. 

Too Much Realism 

London (By Cable) — Police censor at 
Southend, Essex seaside resort, ordered 
recording of air-raid sirens deleted from 
sound track of Metro's "Idiot's Delight" 
before pix could play there. Censor ex- 
plained that audiences might take the 
alarms as the real thing. 

Oldfield's 500th 

Lincoln, Neb. — Sunday Journal and 
Star's movie editor, Barney Oldfield, 
joins the consistent long-timers on ra- 
dio, Oct. 19, when he does his 500th 
consecutive broadcast over KFOR with 
Hollywood gab. Has been at it six days 
weekly since starting. Same sponsor is 
hanging on, the Lincoln Theater Corp. 

Four-fold Threat in Ohio's 
Constitutional Amendments 

(Continued from Page 1) 

ITO of Ohio warns in a bulletin. 
Amendments will be voted Nov. 7. 

The ITO bulletin, declaring that 
enactment would mean the raising 
of $300,000,000 annually through 
new taxes, says, "we believe that, if 
the election were held tomorrow, the 
chances are three- or four-to-one 
that they would pass overwhelming- 
ly." Bulletin adds, "Every theater 
owner, every exchange employe — in 
fact every individual employe con- 
nected with the motion picture in- 
lustry in this state who values his 
job, should immediately study this 
problem and do something about it." 

Tax threats to the industry fore- 
seen if the amendments pass are 
summarized by the ITO as: 

"1. Payroll tax, which would pro- 
duce $24,000,000 for each one per 
cent levied. 

"2. Increase in the present 3 per 
cent admissions tax to the old rate 
of lc for each 10c of admissions. 
This change would 'up' the annual 
admissions tax from $1,500,000 to 
more than $5,000,000. 

"3. Gross turnover tax, which 
probably would take the form of a 
one, two or three per cent levy on 
every transaction, business, trade, 
and the professions, including retail 
sales, and would be collected in addi- 
tion to the present retail sales and 
excise taxes. 

"4. Advertising assessment of 10 
per cent of price paid for newspaper 
space, radio time and all other ad- 
vertising media. Would, of course, 
be paid by the advertiser." 

Say Wolchak Denies 

CIO Operators Move 

(Continued from Page 1) 

dent of the Wholesale and Retail em- 
ployes' union, CIO international 
union which granted the 258 charter, 
had denied to 306 executives that the 
charter covered operators. 

Showdown on the issue is expected 
quickly. Local 306 is determined to 
stamp out any dual unionism and is 
said to have the complete support 
of the IA. The Local's spokesman 
said that Wolchak had refuted the 
258 operator jurisdictional claim at 
a meeting last week in the office of 
Morris Feinston, president of the 
United Hebrew Trades, with Joseph 
Basson, Local 306 prexy, Richard 
Scott, 306 organizer, Feinston and 
Wolchak present. Wolchak was said 
to have outlined the jurisdiction of 
the 258 charter in the theatrical field 
as covering doormen and ushers, but 
definitely not operators. No mention 
was made of stagehands, which jur- 
isdiction is also claimed by 258 in 
the theatrical field. 

Wolchak is reported to have 
p greed to a meeting with the I A and 
Local 306 as soon as he returns from 
the CIO convention on the Coast. It 
was also asserted that Wolchak 
agreed to withdraw any jurisdiction- 
al claim from the Local 258 charter 
which conflicted with IA jurisdiction, 
if they could prove that they had al- 
ready, or were actively engaged in 
organizing a field before the 258 
charter was granted. 

Local 306 is expected to make a 
formal demand on the CIO that the 
charter be withdrawn. The New 
Yorker Theater recently dismissed 
the Local 306 operators employed 
there and hired 258 men. The the- 
ater is now being picketed by Local 
306 with the theater retaliating by 
placing a large sign in front of the 
house stating the they employ recog- 
nized CIO operators. This act served 
to touch off the fireworks. 

Samuel Pinanski Re-elected 
Prexy of Allied of Mich. 

(Continued from Page 1) 

Fred Greenway and Harry McDonald 
of Loew's, Inc., and RKO respective- 
ly for former representatives of 
those circuits, who are now else- 

Jack Devlin of Loew's was re- 
elected vice-president; Stanley Sum- 
ner, a Cambridge exhibitor, treas- 
urer, and Joseph Brennan, secretary 
and business manager. 

Akron Biz Hits Pre-1929 

Pace, with Grosses Rising 

Akron, O. — Business conditions 
here are steadily improving for the 
first time since the 1929 crash, ac- 
cording to Frank E. Belles, Republic 
special sales representative. Rubber 
companies are putting on more men 
to take care of increased production. 
Department stores show a decided 
improvement, and all of this adds 
up to better theater attendance as 
reflected in increased box-office re- 

Examine Lenrose Officers 
in Trust Suit Preliminary 

(Continued from Page 1) 
companies and MPPDA, was started 
yesterday in the office of Louis Ni- 
zer, of the law firm of Phillips & 
Nizer. Testimony under stipulation 
filed in the Federal Court will be 
deemed equivalent to a bill of par- 

Plaintiff was owner of a Newark 

Two Thanksgivings, But No 
Armistice Day in Colorado 

Denver — Film interests throughout 
Colorado were speculating yesterday 
as to what effect Gov. Ralph Carr's 
move to ditch Armistice Day and 
celebrate two Thanksgivings will 
have on business. The Governor 
said of Armistice Day: "Everything 
this observance stands for is gone." 
He announced he would proclaim 
Nov. 30 as Thanksgiving, in addi- 
tion to Nov. 23, proclaimed by Presi- 
dent Roosevelt. 


PROFIT OF $78,773 

(Continued from Page 1) 

by Leon Fromkess. Other directors 
re-elected were W. Ray Johnston. 
J. A. Sisto, O. Henry Briggs,_Wil- 
liam B. Jaffe, Scott R. Dunlap/. -em 
Carr, Thomas P. Loach and 1 -con 
V. Ritehey. 

In submitting the report for the 
26-week period ended July 1, John- 
ston disclosed a profit of $41,541.21. 
In November and December of last 
year — the first two months in which 
the company operated in the black — 
a profit of $37,132.68 was earned. 

In commenting on the future of 
the company in light of the European 
situation, Johnston told the stock- 
holders that the war probably would 
react less definitely on Monogram 
because of the fact that in Eng- 
land the company is "guaranteed 
a certain advance on each picture 
as delivered against our percentage, 
instead of operating on a strictly 
percentage basis as most companies 

Johnston said that "Mutiny in the 
Big House" would be the company's 
biggest picture to date and that a 
substantial profit on it was antici- 
pated, adding that Washington Irv- 
ing's classic, "Rip Van Winkle," 
which goes into production soon also 
would be made on a large scale. 

"We look forward with optimism 
to the coming season as one which 
should do much to advance Mono- 
gram's name in the motion picture 
industry," Johnston concluded. 

Officers re-elected by the direc- 
tors were Johnston, president; Scott 
R. Dunlap, vice-president for pro- 
duction; Edward A. Golden, vice- 
president for exchanges; George W. 
Weeks, vice-president for sales; 
Madeleine White, secretary; H. G. 
Davis, assistant treasurer, and 
Harry Iverson, comptroller. 

'Wizard of Oz" Caravan Off 
for St. Louis at Week-End 

M-G-M's "Wizard of Oz," on na- 
tion-wide tour, continues to be a 
tremendous success everywhere. In 
the Indianapolis and Chicago terri- 
tories caravan brought excellent pub- 
licity breaks, including front-page 
space on many occasions. 

The caravan will go on to St. Louis 
territory this week-end, to be fol- 
lowed by Minneapolis, Omaha and 
Kansas City, completing the Western 
tour before returning to New York 
for visits to Long Island and New 
Jersey spots. 

They're Qualified 

Lincoln, Neb.— Many an exhib. has 
said that getting film patronage in this 
drouth stricken area is like pulling teeth 
There are two exhibs. who know where- 
of they speak in matters of that kind- 
Frank Rider, Wauneta, and J. T. Palensky 

Both men are dentists through the 

M I* PROP <* IJ I S T 
44TH ST 

Intimate in Character 
International in Scope 
Independent in Thought 



The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 


vy 76. NO. 68 



Report Up-State Exhibs. Back Cohen in Allied Row 


N. Y. Circuits and Local 306 May Effect Compromise 

Agreement May Be Reached 

Without Recourse to 


Possibility that wage scale nego- 
tiations between the New York cir- 
cuits and Local 306, operators union, 
may be settled without recourse to 
arbitration, was reported yesterday 
by sources close to the negotiations. 
It was believed that some agree- 
ment on wage increases will be 
reached and a rider attached to the 
pact whereby a revision may be 
made in a shorter period than the 
year's time stipulated in the orig- 
inal contract if conditions so neces- 

Union is asking for a 25 per 

{Continued on Page 6) 


West Coast Bureau of THE FILM DAILY 

Hollywood — Carl Leserman is here 
from New York to complete negotia- 
tions under which the Fox West 
Coast circuit, which operates 200 the- 
aters in California, Arizona, Mon- 
tana and Nevada, will buy Warners 
entire lineup for the 1939-40 sea- 

En route to California, Leserman 

(Continued on Page 3) 

WB Stops Brit. Production 
Till War Ends; Sax to Coast 

Probability that Sam Sax will join 
the Coast production staff at the 
Warner studios was foreseen yes- 
terday, when it was learned that he 
will go to the Coast next week. The 
company, it is understood, has de- 

(Continued on Page 6) 

Pathe Film to Dispose 

of duPont Stock by '40? 

Although the plan submitted to 
duPont Film Manufacturing Co. re- 
cently by Pathe Film Corp., covering 
either sale or disbursal to stockhold- 
ers of the duPont stock owned by 
(Continued on Page 6) 

11 Amusement Issues on Big Board Higher 

Amusement stocks on the New York Stock Exchange yesterday showed a firmer 
tone, with 11 issues advancing and only two dropping behind. Most substantial advance 
was by Paramount's first preferred, which closed at 78, a gain of 21/4. Warners 
preferred moved up 1 'A to 44 and 20th-Fox preferred closed at 24 for a point gain. 
Amusement bonds were virtually inactive as were Curb stocks. 


Will Hays, MPPDA prexy, will 
deliver a eulogy on "My Friend, 
Carl Laemmle, the Pioneer," at a 
memorial service to be held at 8:15 
p.m. tonight at the West End Syna- 
gogue, 160 W. 82nd St. Rabbi Na- 
than Stern will officiate. A similar 
service will be held tonight in Chi- 

The Pacific Body of Masons, of 

(Continued on Page 7) 

Film Execs, to Attend 

Gen. Johnson Luncheon 

Gen. Hugh S. Johnson, who was 
chairman of the recent Infantile 
Paralysis Campaign in Greater New 
Vork, today will receive a check of 
$14,595, part of a special contribu- 
tion of $50,000 bv the Will Rogers 
Memorial Commission for aid to 

(Continued on Page 6) 


At least three major companies 
have fortified themselves against 
losses from England due to the de- 
preciation of about 15 p.c. in sterling 
exchange, according to the Wall 
Street Journal. 

The financial paper points out that 
Loew's, Paramount and Warners 
"have all hedged their foreign in- 

(Continued on Page 3) 

Withdraw "Hell's Angels"; 
Hughes to Remake War Pix 

Hell's Angels" has been withdrawn 
from distribution, effective yester- 
day, following the decision of How- 
ard Hughes, its producer, to remake 
the picture. Astor Pictures Corp., 
distributors of "Hell's Angels," has 
notified its exchanges not to release 

(Continued on Page 7) 

Syracuse - Rochester - Buffalo Support 
for Max Cohen Claimed in Allied Row 

West Coast Industry Probe 

is Virtually at an End 

West Coast Bureau of THE FILM DAILY 
Hollywood — The Federal grand 
jury, which, under the direction of 
Special Federal Prosecutor Charles 
H. Carr, has been questioning mem- 
bers of the film colony, last night 
virtually closed its probe of alleged 

(Continued on Page 3) 

Syracuse, N. Y. — Direct and in- 
direct comment from exhibitors in 
this area, following the indie meet- 
ing here on Tuesday, indicate that 
there is little chance for a national 
Allied unit to establish itself in New 
York State. The feeling here was 
that most of the members of the 
unaffiliated New York Allied organi- 
zation were backing President Max 
A. Cohen to the limit. 

A checkup of those who attended 

(Continued on Page 6) 

Execs. Said to be Considering 

Uniform Arbitration Plan 

Based on Code 

A move to put arbitration boards 
on a definite keel and on a national 
basis is reported to be quietly in 
work. While top industry executives 
are reluctant to discuss the report, 
it has been known for some time that 
distribution heads have refused to 
consider the proposed track practice 
Code as being dead, and, if many of 
the points are frowned upon by the 
Department of Justice, at least the 
arbitration clauses can be salvaged, 
in the opinion of several sales execs. 

The demand of Michigan Allied for 

(Continued on Page 7) 


Washington Bureau of THE FILM DAILY 

Washington — Report of Universal 
Corp. to the SEC states Nathan J. 
Blumberg, "U" prexy, has acquired 
500 common voting trust certificates 
bringing his total to 3,000 and 
Charles D. Prutzman, "U" vice-pres- 
ident and general counsel, has ac- 
quired 100 of the certificates, bring- 
ing his total to 500. 

Universal Pictures Co. reports 

(Continued on Page 3) 

ITOA to "Review" Film 

Stars Appearing on Air 

ITOA, which recently declared war 
anew on pix stars appearing on the 
air, is adopting a new line of strat- 
egy. Henceforth the exhib. unit will 
"review" in the Independent, its 
house organ, radio shows in which 
film players appear. 

Initial air shows to get the ITOA's 

(Continued on Page 6) 

LeBaron, Para. Production 
Head, Hops to Coast Today 

William LeBaron, Paramount's 
managing director of production, 
leaves today via Sky Chief for Holly- 

(Continued on Page 6) 




Friday, October 6, 1939 

Vol. 76, No. 68 Fri., Oct. 6, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editor 

I'tililishcd daily except Saturdays, Sundays and 
ilolidays at 1501 Broadway, New York, N. Y., 
hy Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau. Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyam 
9-7117, 9-7118, 9-7119, 9 7120. 9-7121. Cable 
Address: Filmday, New York. Hollywood. 
California— Ralph Wilk, 6425 Hollywood 
Blvd., Phone Granite 6fi07. London — Ernest 
W. Fredman, The Film Renter, 127-133 War- 
dour St., W. I. Paris— P. A Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
sonlan (12). Mexico City — Marco-Aurelio 
Galindo, Depto. 19, 5A, Dr. Lucio No. 102. 
Mexico, D.F. Buenos Aires — Chas. de Cruz. 
ITe'aldo Del Cinematografista, Corrientes 1309 



High Low Close Chg. 

Am. Seat lll/ 8 11 ny 8 + i/ 8 

Col. Picts. vte. <2yi%> 7% 7'/ 2 73/ 4 — Va 
Columbia Picts. pfd. 19y 2 193/ 8 191/2 + Vi 

Con. Fm. Ind 

Con. Fm. Ind. pfd... 8% 8% &A + Vs 

East. Kodak 153y 2 151 '/ 2 151 '/ 2 — 1 

do pfd 1561/2 156 156 

Cen. Th. Eq 91/2 9'/ 2 91/2 + % 

Loew's, Inc 34?/ 8 337/ 8 345/ 8 + 7/ 8 

do pfd 103 103 103 + 13/ 8 

Paramount 8 73/4 7% 

Paramount 1st pfd... 78 78 78 + 2V4 
Paramount 2nd pfd... 9 9 9 

Pathe Film 113/ 8 H3/ 8 H3/ 8 

RKO 15/ 8 15/ 8 15/ 8 

20th Century-Fox .. 14y 2 14 14l/ 4 + 1/4 
20th Century-Fox pfd. 24 23'/ 2 24 + 1 

Univ. Pict. pfd 

Warner Bros 4y4 4'/ 8 4% + Vb 

do pfd 44 44 44 + 1 1/4 


Keith B. F. ref. 6s46 

Loews deb. 3V2S46 

Para. B'way 3s55 

Para. Picts. 6s55 

Para. Picts. cv. 3%s47 78'/ 2 78 78'/ 2 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 


Monogram Picts 

Sonotone Corp 

Technicolor 11% 11% 1134 4- 3/ 8 


Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd 100 

Fox Thea. Office Bldg. 1st '46 4 5y 2 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45. . . 63 66 
Roxy Thea. Bldg. 4s 1st '57 583/4 61 1/4 


Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


Griffith Brief Contends 

D of J Moving Too Fast 

Oklahoma City — The Department 
of Justice is moving too fast in its 
anti-trust suit against the Griffith 
Amusement Co. the circuit alleges in 
a brief filed in the Federal District 
Court clerk's office here. 

The brief asserts that the circuit 
attorneys have not had time to pre- 
pare answers as yet and intimates 
that if the Government took its time 
in the preparation of briefs, it 
wouldn't make errors of fact and 
of law. 

The Government suit seeks to dis- 
solve the Griffith circuits and re- 
strain distributors from making con- 
tracts with the circuits which it is 
alleged have through such contracts 
created a monopoly in violation of 
the Sherman Anti-Trust Act. 

SI Taking 3-Month Holiday 
from Prod'n, Starting Jan. 1 

With Selznick International plan- 
ning to suspend production for three 
months, starting Jan. 1, the com- 
pany's Eastern story department is 
being reduced in personnel. 

Outside of the story department 
there will be no other personnel 
changes in the home office. "Re- 
becca" will complete David O. Selz- 
nick's program for 1939 and he al- 
ready has lined up enough story ma- 
terial to carry him for a year or 
more without any additional pur- 

Golden Gate Exposition 

To Call It Quits Oct. 29 

San Francisco — Directors an- 
nounced yesterday that the Golden 
Gate Exposition will close Oct. 29 
instead of Dec. 2 due to the poor 
attendance the last 30 days. Mean- 
while, the Business Men's Commit- 
tee, seeking to raise $1,650,000 to 
carry the Fair through the Winter 
and prepare for reopening in the 
Spring, report that success seems 

Mort Singer Theaters 

to Increase Vaude Use 

Chicago — Mort Singer houses in 
Minneapolis and Iowa cities will in- 
crease the use of vaude, according to 
Morgan Ames, circuit's general man- 
ager. Pickup in biz in Iowa spots 
is reported. 

Quebec Exhib. Nominated 

Montreal — Charles Magnan, own- 
er of the Malartic Theater, Malartic, 
has been nominated Liberal candi- 
date for Abitibi County in the Que- 
bec provincial elections Oct. 25. 

Capra Pix Out Oct. 19 

"Mr. Smith Goes to Washington," 
Frank Capra's latest Columbia pro- 
duction will be released nationally 
Oct. 19. 

'Iron Mask" Clicking Big 
in Latin-America — Kelly 

Edward Small's "The Man in the 
Iron Mask" in territories below the 
Rio Grande is mopping up, proving 
the biggest b.o bonanza since Chap- 
lin's "Modern Times," Arthur W. 
Kelly, UA vice-prexy in charge of 
foreign distribution, said yesterday. 
Kelly cited the film's showing in 
Mexico, Cuba and Chile. 

Newspaper cables to the effect 
that the British had banned "An 
Englishman's Home" which UA is in the U. K. are erroneous, 
Kelly stated. Film, he said, is 
playing at the London Pavilion; it 
shows an enemy air invasion of 

Strike at Paramount News 

Settled by Pat Casey 

Strike called at Paramount News 
by Local 52, studio mechanics, was 
settled yesterday by Pat Casey over 
the long distance phone from the 
Coast after he had talked to both 
the union and newsreel executives. 
The one-day strike resulted from a 
move by the reel to make a further 
cut in the number of union men 
working in one of the departments. 

It is expected that when Casey re- 
turns from the Coast the matter will 
be reviewed in full. Union demand 
that no further cut of Local 52 men 
be made at this time in the depart- 
ment in question was met by the reel. 

67 Educational Pictures 

In Circulation In Canada 

Montreal — There are 67 education- 
al films in circulation in Canada in 
four travelling film libraries, it was 
reported here last night at a meet- 
ing of the Board of Directors' of the 
National Film Society of Canada. 
They have been purchased by the 
Society for educational purposes, 
with funds provided by the Imperial 
Relations Trust and are available 
for schools and other institutions. 

Chicago Trade Mourning 

Cardinal as Pix Friend 

Chicago — Film trade, which re- 
garded the late Cardinal Mundelein 
as a warm friend, will be well repre- 
sented at the funeral services in 
Holy Name Cathedral today. Cardi- 
nal Mundelein had a projector in- 
stalled in his residence, and fre- 
quently saw late releases. The 
Cardinal also encouraged the use of 
films in parochial schools. 



WILLIAM LE BARON planes to the Coast to- 
day via the Sky Chief. 

Universal sales execs., arrive in Dallas today 
from New York. 

H. M. RICHEY, director of exhibito' rela- 
tions for RKO, has returned to New Yt 'cfter 
attending the Michigan Allied conventil 

FRANKLYN WARNER has arrived fom the 

ERNST LUBITSCH has returned to Hollywood. 

CEORGE KALLMAN, RKO exec, sails for South 
America today on the Santa Lucia to return to 
his post in Santiago, Chile. 

RAYMOND MASSEY leaves the Coast tomor- 
row for New York. 

ARTHUR WILLI, head of RKO's new talent 
department, has left New York for Chicago 
to scout plays and broadcasts there. 

PAUL WHITEMAN, accompanied by MRS. 
WHITEMAN, arrived in New York last night on 
the TWA Gold Coaster for the Ascap concert 
tonight in Carnegie Hall. 

on the Coast this 

week-end from New York. 

GEORGE HURRELL, Warner portrait photog- 
rapher, has returned to the studio after a vaca- 
tion in Hawaii. 

WALT and ROY DISNEY have returned to Hol- 
lywood from Hawaii after a three-week vaca- 

TEX RITTER has returned to Hollywood after 
a personal appearance tour through the South- 

CARL LESERMAN has arrived in Hollywood on 
Warner-Fox West Coast product deal. 

ERNIE WESTMORE arrives here on the Wash- 
ington from Europe. 




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: Friday, October 6, 1939 





(Continued from Page 1) 

Prutzman has acquired 10 shares of 
8 per cent cumulative 1st preferred 
sto__j representing his entire hold- 
ingc^h this class. 

Acquisition of 68 additional shares 
of Loew's Boston Theaters common 
stock by Loew's, Inc., was also dis- 
closed in the SEC's semi-monthly 
summary of security transactions 
and holdings. The parent company 
now holds 99,860 shares of the Bos- 
ton subsidiary. 

Monogram Pictures Corp. reported 
George W. Weeks holds 1,000 shares 
of common stock directly and 800 
shares through Monogram Pictures, 
Inc., after disposing of 200 shares 
through that organization. Weeks 
holds no options for common stock 
directly but reports 7,141 options 
through Monogram Pictures, Inc. 

Kenneth M. Young disposed of 100 
shares of Pathe Film Corp. common 
stock and now holds 300 shares, it 
was reported. 

La Guardia Will Welcome 
SMPE Delegates to N. Y. 

Mayor Fiorello H. LaGuardia has 
accepted an invitation to address the 
opening-day informal get-together 
luncheon of the SMPE's Fall Con- 
vention, it is announced by E. A. 
Williford, society president. Lunch- 
eon will be held in the Grand Ball- 
room of the Hotel Pennsylvania, 
where the Convention will be held 
Oct. 16-19. 

An unusually large West Coast 
contingent will attend the Conven- 
tion, according to advance registra- 
tions being received from Hollywood, 
Convention headquarters reports. 

Mrs. Oscar F. Neu, Convention 
hostess, has completed plans for a 
program for the ladies, which will 
be conducted by her 11-m ember la- 
dies' reception committee. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

Janet Gaynor Carole Lombard 

Alice Knowland Owen Davis, Jr. 

William Rosenberg 

Robert Z. Leonard Jack Mulhall 

Andy Devine Max Ree 

Edward Peskay 

Rouben Mamoulian Edythe Chapman 

Finis Fox Daniel P. O'Shea 


with PHIL A4. DALY; 

T T ▼ 

• • • PERHAPS the best-turned phrase of the day is that 

which appears side by side with the postmark on the Ascap en- 
velopes which have been bearing tickets for the organization's 25th An- 
niversary "Festival of American Music" The phrase is "Justice for 

Genius" We're for it 100 per cent if Gene(ius) Buck will have 

a similar celebration each year for these concerts have been pro- 
ductive of more good-will toward Ascap than any single deed to date 

They have been not merely the talk of this town but of 

countless communities which the concerts have reached via radio 

T T T 

• • e JUST so there will be no misunderstanding over 

what might be interpreted as a criticism of the Hays Office 

in this column yesterday anent the lackadaisical attitude of 

local filmdom in earmarking today for celebration fittingly 

of the actual 50th Anniversary of the birth of motion pictures 

this department goes out of its way to assert that the greatest of 

credit should go to MPPDA, Ken Clark and Joel Swenson 

for their work nationally and hereabouts to put the celebra- 
tion on the map Unfortunately, as they stormed objectives 

there was a minimum of artillery support 

T ▼ T 

• • • THE How True Department: (taken from the dialogue 

of the 20th-Fox moneybunch, "Hollywood Cavalcade") "He hasn't 

been behind a camera in almost two years and in this industry 

two years is more than two lifetimes" 

T T T 

• CO THERE'S little romance or human interest connected 
with the average statistics relating to the pix biz For ex- 
ample it's a pretty clammy climax after weeks and 

weeks of tortuous work to be rewarded with one digit 

which represents the percentage of Caucasian children who 

attend Chinatown film theaters during the supper show on 

Arbor Day but the boys who conceived the idea of hold- 
ing the Walter Wanger "Eternally Yours" contest to determine 

the longest-married couple in the U. S came off with some 

statistics which at least have some human interest 

• • • THE research in connection with the "Eternally Yours" con- 
test revealed we are told the fact that there are 40.000 

American couples who have been married for more than half a cen- 
tury Think of it! That's longer ago than the Kinetoscope's bow 

Only 20 couples have been married more than 70 years But 

that means all were hitched at least three years before Leland Stanford 
ordered taken the pix of the running horse which was prob- 
ably the first pitcure analysis of motion The oldest married couple 

turned out to be Mr. and Mrs. George M. Goben, of Lucas, Iowa 

with a matrimonial record of 78 years Unable to attend today's 

Roxy world premiere of the pix as originally planned. . . .the Gobens 

had a premiere of their own last night at Des Moines where 

UA specially screened the Wanger feature 

« « « 

» » » 



(Continued from Page 1) 

stopped off in Salt Lake City where 
he completed an important deal with 
the Publix Salt Lake circuit, oper- 
ating more than 35 houses in Utah 
and Idaho. Harry David handled 
arrangements for the circuit. 

West Coast Industry Probe 

is Virtually at an End 

(Continued from Page 1) 

film income tax evasions and labor 

Although Carr may call a few 
more witnesses he intends to go to 
Washington next week to make a re- 
port to Attorney General Frank Mur- 
phy regarding the extent of his in- 
quiry here. 

Harry M. Warner and Harry Cohn 
were among yesterday's witnesses. 

Three U. S. Majors Guard 

Against Exchange Loss 

(Continued from Page 1) 

come for some months ahead by 
short positions in the pound made 
well before the war began so that 
exchange losses will not be an im- 
portant factor during the remainder 
of this year." 

Lee Stewart Authors' Rep. 

Announcement was made yester- 
day by Lee Stewart, former casting 
director at Warners Eastern studios, 
that he was opening offices in the 
RKO Building as a manager for au- 
thors and artists. He is also repre- 
senting two Hollywood agencies here. 

Para, to Star Donlevy 

West Coast Bureau of THE FILM DAILY 
Hollywood — Paramount has signed 
Brian Donlevy to a three-picture 
cmtract with succeeding option. He 
will be starred in "Down Went Mc- 

Turner, Prickett Aide 

Junction City, Kan.- — J. R. Turner 
has been appointed assistant to Ken 
Prickett, Griffith-Dickinson city man- 
ager here. Turner was formerly 
with the Associated Theaters in In- 


Louis Olshan, Columbia exchange 
cashier, Albany branch, will marry 
Miss Helen Goldstein in the 67th St. 
Synagogue, Sunday, Oct. 15. Branch 
Manager Joseph Miller and Mrs. 
Miller will lead the Columbia contin- 
gent from Albany for the wedding. 
Olshan will be tendered a bachelor 
dinner by Film Row friends next 

It will give you the 



$ 1,000 


ie Only Football Picture Now in Release 

THE*** I 


Friday, October 6, 1939 


\ssoeiuted British to Start Three Pix 

London (By Cable) — Associated British is planning to resume production at Elstree 
the latter part of this month, with three pictures being readied to go before the cameras, 
it was learned yesterday. 

{Continued from Page 1) 

Tuesday's meeting, and of others 
who did not attend, revealed that the 
Syracuse unit, plus Rochester and 
Buffalo, were almost solid in the sup- 
port of Cohen, preferring to forget 
the national body and pointing out 
that what has been accomplished by 
the organization has been done by 
Cohen without national Allied's help. 
The meeting called for Oct. 17 here 
is expected to result in a complete 
and final showdown between the two 
factions within New York Allied, 
with the odds in favor of Cohen, al- 
though E. Thornton Kelly is reported 
to have support of the Albany ex- 
hibitors. The pending meeting was 
called by order of three members of 
the board, two of whom are said to 
be Cohen supporters. 

Amputate Garland's Arm 

Denver — As a result of serious 
injuries in an auto crash, Bob Gar- 
land, manager of the southern dis- 
trict for Fox Intermountain, was 
forced to submit to amputation of 
his left arm. Accident occurred at 
night near Montrose, when Garland's 
car collided with a dead horse, lying 
in the road. 

ITOA to "Review" Film 

Stars Appearing on Air 

{Continued from Page 1) 

critical attention are "Sherlock 
Holmes," NBC newcomer sponsored 
by Grove Lab., Inc., with Basil Rath- 
bone as the sleuth and Nigel Bruce 
as Dr. Watson, and NBC's Chase 
& Sanborn Hour, with specific at- 
tention to a dramatic sketch played 
by Don Ameche and Constance Ben- 

ITOA rates the former as "very, 
very ordinary, distinguished only by 
the presence of two screen favorites 
who did not shine at all in a medium 
that was foreign to them" and calls 
the latter "the rankest kind of 
tripe," adding "for two of the 
screen's better known stars to waste 
their talents in a 'playlet' of this 
genre is to alienate many of their 
loyal screen fans." 

Chamberlain Under Knife 

Pittsburgh — L. L. Chamberlain of 
the Dale Theater, Johnstown, is con- 
fined to the Memorial Hospital at 
Johnstown after a sudden operation. 
He will be confined to the hospital 
for the next two or three weeks. 




The Film Daily 



The Past 
The Present 
The Future 

of the companies and important personalities 
engaged in the production, distribution and 
exhibition of motion pictures 

now being delivered to all subscribers of 




Film Execs, to Attend 

Gen. Johnson Luncheon 

{Continued from Page 1) 

institutions specializing in the care 
of handicapped children. 

Presentation of the sum. which 
will be administei'ed by the New 
York Chapter of the Infantile Para- 
lysis Foundation for emergency 
needs and recovery treatment for 
handicapped children in this area, 
will take place at 1 p.m. at a lun- 
cheon tendered by film executives 
to General Johnson at the Rocke- 
felled Center Luncheon Club. 

Committee making the presenta- 
tion is headed by Owen D. Young, 
representing the Will Rogers Me- 
morial Commission, Will H. Hays, 
spokesman for the pix Industry, 
and Major L. E. Thompson, RKO 
executive, and chairman of Will 
Rogers National Theater Weeks, con- 
ducted annually by theater owners 
as the fund gathering agency for the 

Guests at the function represent- 
ing the film Industry, the Commis- 
sion, and the Foundation, will in- 
clude the following: — Barney Bala- 
ban, Spyros P. Skouras, Joseph 
Bernhard, Charles C. Moskowitz, 
Leon Netter, John J. O'Connor, W. 
G. Van Schmus, Irving Lesser, John 
C. Wright, Harry Brandt, George 
P. Skouras, S. H. Fabian, J. R. 
Springer, Fred Schwartz, Walter 
Vincent, Samuel Rinzler, Walter 
Trumbull, Harry H. Buxbaum; Capt. 
E. V. Rickenbacker, Col. Joseph M. 
Hartfield, James G. Blaine, for- 
mer Sen. J. Henry Walters, Harold 
Rodner, John W. Elwood, A. P. 
Waxman; Basil O'Connor, Keith 
Morgan, Tom Wrigley, and George 
V. Reilly. 

The disbursements will be made 
simultaneously toay in 17 additional 
cities, while the remaining seven 
communities will receive their al- 
lotments next week. 

WB Stops Brit. Production 
Till War Ends; Sax to Coast 

{Continued from Page 1) 

cided against making any attempt to 
resume production in England until 
the war is over. 

It is expected that some agree- 
ment will be reached on the produc- 
tion of "Disraeli" when Sax reaches 
the Coast and confers with H. M. 
Warner. The story, which was on 
Sax's production program in Eng- 
land this year, was budgeted as a 
triple quota production, and as the 
story is particularly timely now it 
is very likely that it will be made 
on the Coast. 

Sax, who was production head for 
Warners in England until the war 
forced the studios to close, is slated 
to return there when and if resump- 
tion of production is undertaken. 


{Continued from Page 1) 

cent wage increase and two weeks 
vacation instead of one. It is not 
expected that the circuits wilte-^eet 
the wage increase demand inV all, 
but will possibly agree on a com- 
promise figure somewhere around 
10 per cent IA demand on the 
Coast recently for a 20 per cent 
wage increase was finally settled for 
10 per cent. Agreement on the va- 
cation clause is expected to be 
reached without difficulty. 

It is further pointed out as an 
indication that an agreement may 
be reached without arbitration, 
that despite frequent meetings be- 
tween the two groups, which met 
again yesterday and the day before, 
no arbitrator has been agreeable to 
either side, and past attempts at 
arbitration of circuit negotiations 
with the operators in New York 
have netted the same result. 

Two representatives of the union 
and two circuit heads have been 
named to the board, with the neutral 
member to be designated by Federal 
Judge John C. Knox, if and when 
a fifth man is added to the board. 

Pathe Film to Dispose 

of duPont Stock by '40? 

{Continued from Page 1) 

Pathe, has fallen through, action will 
be taken by Pathe before the year is 
out to dispose of the stock, it was re- 
ported yesterday. 

Since the establishment of Pathe 
Laboratories as the operating firm 
early this year the directors of the 
company have been anxious to wind 
up the affairs of its predecessor com- 
pany. The duPont interests have ex- 
pressed dissatisfaction with the plan 
of disbursing the stock to the Pathe 
stockholders, but to date have not 
met the asking price Pathe wants 
for the stock, it was said. Pathe 
owns 35 per cent of the duPont Film 
Co. stock, with the other 65 per cent 
owned by duPont. 

LeBaron, Para. Production 
Head, Hops to Coast Today 

{Continued from Page 1) 

wood. He will arrive in Burbank 
tomorrow morning. 

LeBaron arrived in New York for 
a short vacation during which he at- 
tended various Broadway plays and 
was present at the first two games 
of the World Series in New York. 

Picketing Decision Review 
Asked of Illinois Court 

Chicago — Industry interest in the 
new term of the Illinois Supreme 
Court, centers in whether the Court 
will consent to review its decision 
that picketing under certain condi- 
tions (when engaged in by non- 
employes of the place picketed) is 

Friday, October 6, 1939 

V'A duly 


(Continued from Page 1) 

which Laemmle was a member, will 
be represented at the New York ser- 

T -> honorary committee which 
ha£=lrranged tonight's service in 
New' York includes: Nicholas M. 
Schenck, Barney Balaban, Nate J. 
Blumberg, Jack Cohn, Ned E. Depi- 
net, James R. Grainger, Hal Hode, 
Maurice Kann, Jules Levy, Leo 
Abrams, Sam Morris, B. S. Moss, 
Sam Shain, Herman Robbins, E. M. 
Saunders, Jack Schlaifer, Peter Sie- 
bel, Herman Stern and Major Al- 
bert Warner. 

33 Accept Bids to Serve 

on VC Award Committee 

Thirty-three newspaper writers, 
authors and news commentators 
have accepted invitations to be 
members of the National Humanitar- 
ian Award Committee of the Var- 
iety Clubs of America, according to 
Eugene L. Connelly, Chairman of 
the group which will select the 
person to receive the second Var- 
iety Humanitarian Award for 1939. 

These awards are made annually 
by the Variety Clubs of America to 
the person selected as contributing 
the most outstanding service to hu- 
manity. The award for 1939 will 
be made at the Sixth Annual Con- 
vention of the Variety Clubs of 
America to be held in Dallas, Texas, 
early next year. 

Rev. E. J. Flanagan of Boystown, 
Neb., who received the First Human- 
itarian Award will serve on the 
committee to make the 1939 award. 

I. Wright Returns to Capitol 

Chicago — Robert Wright, special 
Assistant Attorney General, has re- 
turned to Washington, leaving Sey- 
mour Simon in charge of preparing 
i the Government brief in the B & K 
tffi contempt case. 

To Consider Dispute 

St Louis — Board of Directors of 
St. Louis Amusement Co. will dis- 
cuss the labor dispute which has 
resulted in the picketing of six 
nab<>s at a meeting next week. Con- 
tentions of Local 143, Operators, 
will be reviewed. 

Stephen Braun Dead 

Ottumwa, la. — Stephen Braun, 76, 
president of the Ottumwa Theaters, 
Inc., died at St. Paul, Minn. 


Sid Blumenstock, of the 20th-Fqx 
publicity department, and his wife 
announced yesterday the arrival of 
a baby girl, born to the couple on 
Tuesday in Woman's Hospital here. 

Child is to be christened Corali- 

NBC to Telecast Football Game Weekly 

Television's second venture in football will take place tomorrow, when the Man- 
hattan College-St. Bonaventure College game at Randall's Island Stadium is telecast 
over NBC Station W2XBS, from 2 to 4:30 p.m. 

NBC is going ahead with plans to televise an intercollegiate contest each week 
during the football season. 

Withdraw "Hell's Angels"; 
Hughes to Remake War Pix 

(Continued from Parte 1 ) 

the picture to an account whose con- 
tract had not been approved prior 
to yesterday. 

Hughes has not announced details 
of his plans to remake "Hell's An- 
gels" nor has he any deal with a 
major company for distribution. It 
is known, however, that it will not 
be included on the 1939-40 program 
of a company which has sold all or 
most of its possibilities. It is pos- 
sible that Astor may handle the 
picture when completed. 

Fabian to Reopen Albany 

Harmanus Bleecker Hall 

Albany — Fabian Theaters is re- 
opening Harmanus Bleecker Hall, 
dark since Sept. 1, tomorrow. Double 
feature pix will be displayed, to- 
gether with an occasional road show. 
First road show scheduled is Edward 
Everett Horton in "Springtime for 
Henry," playing two days, Oct. 23-24. 

Policy calls for a reduction in 
prices and the playing of subsequent 
run as against B pictures and re- 
issues in the past. "The Rains Came" 
and "The Day the Bookies Wept," 
both big biz in Fabian first-runs 
here, form original week-end bill. 

Oscar J. Perrin will be managing 
director, returning from the Palace, 
where he was assisting Alec Sayles. 

Great States May Extend 

Runs of Strong Features 

Chicago — Henry Sticklemaier of 
the Great States circuit says there 
is a definite upturn in business in 
various key cities of the down-state 
theater circuit. 

Great States has closed for prac- 
tically all film requirements for the 
new season, it was stated. Longer 
runs of features may be the rule, 
where the film draws necessary busi- 

0. C. Operators Asking 

5% Increase In Wages 

Oklahoma City— Local motion pic- 
ture operators union officials are 
working on demands for a five per 
cent salary increase and a three 
year contract with Standard The- 
aters Corp. here, it is understood. 
Last year the union obtained a one- 
year contract and a 10 per cent 
increase in pay over the previous 

Metro Signs Arnold 

West Coast Bureau of THE FILM DAILY 
Hollywood — Edward Arnold has 
been signed by M-G-M to play a 
featured role in "The Earl of Chi- 
cago," the new Robert Montgomery 
starring picture. 

1917 "Birth of a Nation" 

Writ Ruled Void in Chi. 

Chicago — Corporation Counsel 
Barnet Hodes has ruled that the in- 
junction obtained in 1917 to prevent 
the showing of "The Birth of a Na- 
tion" in Chicago, is void, as it related 
to the silent version of the film. The 
film, now being offered to the trade, 
has an added musical and sound 
background, according to the ruling. 
Lt. Harry M. Costello, director of 
the censor board, however, says his 
ban against the showing will not be 
lifted unless the courts so decree. 

Photographic, Projection 
Goods Exports Off 5.9% 

Washington Bureau of THE FILM DAILY 

Washington — Exports of photo- 
graphic and projection goods from 
January through June, 1939 de- 
creased by 5.9 per cent compared to 
same period of last year, the U. S. 
Chamber of Commerce reports in a 
survey of U. S. trade immediately 
prior to the outbreak of the Eu- 
ropean war. Value of photographic 
and projection goods exports for the 
six months of 1939 was reported 
as $9,801,000 compared to $10,410,- 
000 for the six months of 1938. 


(Continued from Page 1) 

the immediate launching of an arbi- 
tration system may start the ball 
rolling towards the adoption of a 
uniform method of settling contract 
disputes and clearance difficulties. 
While other Allied and MPTOA units 
have not come forward officially with 
a plea for arbitration, individual 
members have been urging a dis- 
pute-solving system since the Code 
was temporarily cast aside. 

The arbitration clauses which are 
to be inserted in RKO contracts may 
be used as the basis for a national 
plan. This move is said to be under 
serious consideration by industry 
leaders. It is known that the Amer- 
ican Arbitration Association has 
been consulted on various phases of 
individual company arbitration poli- 
cies and that group may be called 
upon to devise a uniform plan for the 
entire industry. 

Reviving Pix In New Haven 

New Haven — The Arena, sports 
palace, is bringing back old-time 
movies beginning tomorrow with 
"The Hunchback of Notre Dame," 
"Easy Street," the Yale-Harvard 
football game of 1914 and Gans- 
Nelson fight, 1906. Shows will be 
continuous from 1:30 p.m. to mid- 
night, with admission at 10-25 cents. 
Regular Sunday vaudeville with 
band headliners is also a regular 
weekly policy of the Arena this year. 



ohn Eberson 


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New York City 




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Circle 6-5470-1 


Friday, October 6, 1939 

K tf R€VI€UIS Of TH6 MUI flLHIS .V v 

"Mr. Smith Goes to 

with Jean Arthur, James Stewart, Claude 

Rains, Edward Arnold 
Columbia 125 Mins. 



Exhibitors need have no fear over war, 
floods or famine, when they play Frank 
Capra's newest picture. It is so good 
and has such timely warm human quali- 
ties that it gives Capra another outstand- 
ing contender for Academy of M. P. Arts 
and Sciences honor. It is a story of a 
young man, fresh from the west, who ar- 
rives in Washington, with ideals and a 
deep love of his country, and it has been 
expertly directed, acted and written. James 
Stewart does his best work to date as a 
junior Senator, whose 23 hours filibuster 
finally routs the crooked politicians' ma- 
chine of his state, while Jean Arthur tops 
her former performances as the secretary, 
who knows her Washington and inspires 
Stewart when he is about to run from his 
oolitical foes. Claude Rains, as the senior 
Senator, climaxes his brilliant characteriza- 
tion when he admits he has been a tool 
of Edward Arnold, political boss, and that 
Stewart should not be expelled from the 
Senate. Arnold gives another of his 
solendid performances as the machine 
leader, who, when Stewart fights him, 
ruthlessly uses his newspapers in a futile 
effort to discredit Stewart. Thomas 
Mitchell. Harry Carev, Eugene Pallette and 
Guy Kibbee are prominent in the support- 
in? cast. Sidney Buchman's fine screen- 
play, with the dialogue especially good, 
was based on an original story by Lewis R. 
Foster. The montase effects by Slavko 
Vorkaoich are very effective. Joseph Wal- 
ker, who has ohotogranhed several Caora 
pictures, contributes high-grade camera 
work. Stewart, a nature-lover, and leader 
of boy rangers, is a current hero because 
he and his bovs have put out a dangerous 
forest fire. He is aDDointed to the Senate 
and arrives in Washington with his pigeons 
and ideals. He gets fighting mad when 
veteran reoorters tell him he is nothing 
but an "honorary stooge." To keeo him 
out of mischief, Rains suggests he sponsor 
a bill for a national boys' camp. This 
he does with Jean Arthur heloing him 
draft the measure. Stewart throws a 
bombshell into the Arnold-Rains forces 
when he proposes that the camp site be 
on the same soot as that chosen by the 
crooked politicians for a dam. Stewart is 
"framed" by his foes and when the Senate 
committee recommends his expulsion he 
launches a one-man filibuster and exposes 
the corruption between the dam appropria- 
tors. At the end of his 23 hours of talk- 
ing, Stewart turns and apDeals to Rains — 
to the fine man he once knew and loved 
Rains, conscience-stricken, confesses, thus 
vindicating Stewart. 

CAST: Jean Arthur, James Stewart, 
Claude Rains. Edward Arnold, Guy Kibbee. 
Thomas Mitchell, Eugene Pallette, Beulah 
Bondi, H B Warner. Harr« Carey, Astrid 
Allwyn, Ruth Donnelly, Grant Mitchell, 
Porter Hall, Baby Dumpling, H. V. Kalten- 
born, Pierre Watkin, Charles Lane, Wil- 


with Charles Grapewin, Gordon Oliver, 

Arleen Whalen 

Republic 69 Mins. 


A story idea that might have been de- 
veloped into a suspenseful film has been 
woefully treated in this picture. Any- 
thing to do with spies and sabotage is 
news right now, but without maintained 
suspense and action a story of this type 
must have some remarkable attributes 
otherwise to make it entertaining, and 
this one misses on all three scores. Gor- 
don Oliver is personable, Charles Grape- 
win gives his customary finished perform- 
ance, and Arleen Whalen is decorative. 
Oliver, a mechanic in a plane factory, is 
arrested for sabotage when it is discov- 
ered that the piston heads from his bench 
are out of line, causing the engines to 
freeze. The plant is forced to close fol- 
lowing rejection of an army contract when 
a test plane crashes. Grapewin, Oliver's 
father and night watchman at the plant, 
encounters the saboteurs at work, but 
when the body of a dead man disappears 
while he is phoning the police, his story 
is laughed off as an attempt to save his 
son from jail. Young Oliver has been 
framed nicely and a considerable amount 
of evidence points to him. However, 
Grapewin, with the assistance of his bud- 
dies in the Veteran's home catch the 
gang and save the day. 

CAST: Arleen Whalen, Gordon Oliver, 
Charles Grapewin, Lucien Littlefield, Paul 
Guilfoyle, J. M. Kerrigan, Dorothy Peterson, 
Don Douglas, Joseph Sawyer, Horace Mc- 
Mahon, Maude Eburne, Johny Russell, 
Wade Botteler, Frank Darien. 

CREDITS: Associate Producer, Herman 
Schlom; Director, Harold Young; Original 
Screenplay, Lionel Houser and Alice Alt- 
schuler; Cameraman, Reggie Lanning; Edi- 
tor, William Morgan. 


Schines Reopen the Globe 

Gloversville, N. Y. — One of the 
two "home houses" of the Schine 
chain, the Globe, reopened here to- 
day after being' closed for three 
weeks during which the theater was 
rebuilt from sidewalk to screen. 
John Eberson, architect, was in 
charge, with the alterations carried 
cut under the direction of Louis W. 
Schine, vice-president of the circuit, 
in charge of theater operations. 

liam Demarest, Dick Elliott, Billy Watson, 
Delmar Watson, John Russell, Harry Wat- 
son, Gary Watson. 

CREDITS: Frank Capra Production. Direc- 
tor, Frank Capra; Author, Lewis R. Foster; 
Screenplay, Sidney Buchman; Cameraman, 
Joseph Walker; Montage Effects, Slavko 
Vorkapich; Art Director, Lionel Banks; 
Editors, Gene Havlick and Al Clark; Mus- 
ical Director, H. W. Stoloff; Musical Score, 
Dimitri Tiomkin; Sound, Ed Bernds. 

PHY, Excellent. 

"The Bill of Rights" 
(Historical Technicolor Featurette) 
Warners 20 mins. 

Inspiring Two-Reeler 

Here is a worthy addition to War- 
ners' now famous series of patriotic 
shorts. As the title of this "chap- 
ter" implies, footage deals with the 
struggle of our forefathers to see 
the Bill of Rights incorporated in 
the Federal Constitution as a guar- 
antee that the rights of man in 
America would be preserved. Be- 
cause of the sweeping character of 
the subject, the short lacks a cen- 
tral personality, — a factor which has 
been a boon to predecessor films in 
this bracket. Therefore, the impor- 
tance of the Bill of Rights takes on 
a more academic character than 
might have been the case had the 
producers woven the story about, 
let us say, Patrick Henry. Strangely, 
the most central personality is a 
negative one, namely Lord Duns- 
more, who carries out in high-hand- 
ed fashion the dictates and decrees 
of the crown. Nevertheless, this pic- 
ture is highly informative, well pho- 
tographed and directed with the typ- 
ical flare which Crane Wilbur has 
for the dramatically historical. Fur- 
ther, there is a high ncte of inspira- 
tion which any audience will per- 
ceive and feel. The screenplay is 
the work of Charles L. Tedford. Cast 
comprises Ted Osborne, Moroni Ol- 
son, Leonard Mudie, Vernon Steele, 
John Hamilton, Raymond Brown, 
and Tom Chatterton. 

"The Evergreen Empire" 

(Magic Carpet) 

20th-Fox 11 mins. 

Fine Outdoor Number 

"The Evergreen Empire" is truly 
a fitting title for the state of Wash- 
ington as seen here. Countless hun- 
dreds of thousands of acres of tall 
timberlands cover the entire state 
and the short gives a comprehensive 
idea of the vastness of these tim- 
berlands. Reel also depicts how the 
state's great logging industry oper- 
ates, from the time the timber top- 
pers fell the top of a giant fir until 
it is milled. The reel also shows the 
mountainous country around Mt. 
Rainier, with its many lakes and na- 
tural rugged grandeur. 

"Act Your Age" 

with Edgar Kennedy 

RKO 18 mins. 

Amusing Short 

Edgar Kennedy provides laughs in 
this one. He tries to get his father- 
in-law a job as a night watchman. 
The father-in-law, Bill Franey, 
writes to the company and says he 
is too old for a watchman's job, but 
would be delighted to accept an ex- 
ecutive position if the proper spot 
could be found. Kennedy arrives at 
the office and finds a young man sit- 

ting at his desk. He suspects they 
are going to fire him for being too 
old and starts a youth campaign. 
But, actually he was in line for pro- 
motion. When the boss arrives at 
his house and finds him trying to in- 
crease his scanty crop of hT •<- by 
sticking his head in the oven Y ah a 
pie crust on it, Franey gets the job, 
and Kennedy ruins the radio which 
changed stations while he was fol- 
lowing instructions of a health re- 
juvenator program and got a cook- 
ing lesson instead. 

"The Story of Elias Howe" 
(Fools Who Made History No. 1) 
Columbia 11 Mins. 

Swell Series Starter 
This new series gets off to a 
flying start via the dramatization 
of the struggle Elias Howe experi- 
enced in inventing the sewing ma- 
chine, and of the later battle he 
was forced to wage in the courts to 
uphold his rights. Foreword of this 
initial pix in Columbia's new series 
sets the cornerstone, namely, that 
"Men who gave their lives for prog- 
ress rarely enjoyed the gratitude of 
the age in which they lived, and 
more often than not, they were 
called 'Fools'!" Richard Fiske and 
Lucille Brown essay the roles re- 
spectively of Elias Howe and his 
devoted spouse, from whom the per- 
severing inventor gained much prac- 
tical and inspirational help in his 
hard battle to build a machine which 
would sew. She does not live to 
share in his full-blown triumph, 
when he has turned the tables on 
the scoffers and doubters who called 
him "fool" and tried to discourage 
him. Columbia has a substantia] 
formula here, coupling high human 
interest with educational value, — 
plus the psychological advantage of 
showing "underdogs" who sprout in- 
to heroes. Short is well acted. Jan 
Leman wrote and directed the ser- 
ies. Harry Davis' photography is 
fine. So is the commentary deliv- 
ered by Lindsay MacHarrie, and 
the editing by Arthur Seid. Hugh 
McCollum is producer. 

"The Aghileen Pinnacles" 

(Father Hubbard) 

20th-Fox ll mins. 

Mountains and Adventure 

Second in the series of shorts de- 
voted to the adventures of Father 
Hubbard, the Glacier Priest, this reel 
is of absorbing interest. Hubbard 
and his fellow mountain climbers set 
out to solve the mystery of the 
Aghileen Pinnacles, a peculiar rock 
formation on top of an unsealed 
mountain. The photography is ex- 
cellent and the rugged Alaskan 
country is magnificent in its com- 
pelling grandeur. The mountain 
climbers wear football helmets as 
protection against falling rocks, and 
with good reason as you will see in 
the picture. The reel shows that the 
Pinnacles are a peculiar strata of 
hard rock left standing when the 
rest of the mountain peak was blown 
away in some sort of an eruption. 

Intimate in Character 
International in Scope 
Independent in Thought 



The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

VO: \76, NO. 69 




Jules Levy Quits RKO Post/ Depinet Absorbs Duties 


Britain's Film Industry Fast Returning to Normalcy 

Theater Biz Near Pre-War 

Level; Pix Supply, 

Principal Worry 


Managing Editor of Daily Film Renter 
London (By Mail) — We're in our 
fourth week of war, and, as far as 
our particular industry is concerned, 
getting nearer to normal every day. 
People have got back to the habit 
of going to the pictures, which is 
something to be thankful for, and 
business at the kinemas, if it isn't 
exactly back to pre-war conditions, 
lis not so far off. There were diffi- 

(Continued on Page 10) 


London (By Cable)— While Oliver- 
Stanley, president of the Board of 
Trade, has officially announced no 
i decision, it was reported in informed 
quarters at the week-end that the 
renters (distributors) quota under 
the Films Act would remain in ef- 

It is believed that the Treasury 

(Continued on Page 7) 

Cole and Myers to Attend 
Syracuse Allied Meeting? 

Abram F. Myers, Allied general 
counsel, and Col. H. A. Cole, na- 
tional president, may attend the 
meeting of New York State inde- 
pendents at Syracuse on Oct. 17. 
It was reported on Friday that the 
two national leaders and others were 

(Continued on Page 7) 

Set Allied Regional Meet 
For Philadelphia on Nov. 13 

Philadelphia — National Allied will 
hold an Eastern regional convention 
here on Nov. 13. Conclave follows 
one recently held at Atlantic City 
and is in line with the announced 
policy of making the Regionals 
progressive. Sessions will be held 
at the headquarters of Allied Inde- 
pendent Theater Owners of Eastern 
Pennsylvania, an affiliate. 


A Quota for War Films 

. . . too many hold several dangers 


^yANTED: A quota. 

Not the quota embodied in the British Films Act, but rather a quota for 
Hollywood — a quota, if you please, which however informal will place restrictions on the 
number of so-called "war pictures" to be produced in the months immediately ahead. 

The suggestion does not imply criticism of what already has been planned and 
announced thus far by the studios; rather is it offered as a bit of friendly advice 
against further materially increasing the number of features with a distinctly martial 
flavor and background. 

A rush to emphasize "war pictures" at this time holds several dangers. As in 
the case of any story cycle, there is the assurance of an inevitable adverse reaction 

(Continued on Page 10) 


Broadway business, which has 
been steadily improving during the 
past three weeks, continued its up- 
ward surge throughout last week 
and week-end business boomed to 
new high levels. Further, executives 
of theater circuits Friday were 
agreed that the pall thrown over 

(Continued on Page 10) 

National Press Club Will 
Sponsor "Smith" Premiere 

World premiere of Columbia's 
Frank Capra production, "Mr. 

(Continued on Page 7) 


The rapidly changing' European 
scene and its inescapable effect on 
the American film industry held the 
attention of the MPPDA ' board on 
Friday and, because of the vai-iety 
of problems all details could not be 

(Continued on Page 2) 

Freeman Scotches Report 

Para. Studios to Close 

West Coast Bureau of THE FILM DAILY 

Los Angeles — In a letter to all de- 
partment heads, producers and direc- 
tors, Y. Frank Freeman denied re- 

(Continued on Page 4) 

Levy, Long With RKO Radio, Resigns 
as Firm's General Sales Manager 

Passage" and New Autos 
to Have Joint Premiere 

Detroit — The automobile and mo- 
tion picture industries will hold a 
joint premiere here on Oct. 19 when 
Paramount's "Disputed Passage" 
opens at the Michigan Theater. As 

(Continued on Page 7) 

RKO Radio announced today the 
resignation of Jules Levy as general 
sales manager of that company. No 
successor is to be named, it is under- 
stood, and his duties will be absorbed 
by Ned E. Depinet, vice-president in 
charge of distribution, with whom 
he has long been associated. Levy 

(Continued on Page 4) 

Odium Studying War's Effect 

to Determine Upon 

Fair Terms 

Atlas Corp., proponent of the RKO 
reorg. plan, is preparing to submit 
a new proposal to underwrite the 
offering of common stock to un- 
secured creditors, it was announced 
at the week-end. 

Announcement, which confirmed a 
story published exclusively in The 
Film Daily on Sept. 27, was made 
in the absence of Prexy George J. 
Schaefer through the executive offices 
of RKO Radio Pictures. 

In connection with the announce- 
ment, RKO Radio made public a let- 
ter from Floyd Odium, Atlas presi- 
dent, replying to an inquiry from 

(Continued on Page 7) 

N.Y. HOUSES 100% 

Opening gun of an intensive drive 
to unionize 100 per cent every the- 
ater in the Metropolitan area was 
fired Friday night by the IATSE 
when it chartered new unions in 
Manhattan and the Bronx to organ- 
ize ushers and doormen. Ceremony 
was held at 12 o'clock in the meeting 

(Continued on Page 4) 

Industry Leaders Hear 

Hays Laud Carl Laemmle 

Carl Laemmle started his career 
with a capital of kindliness, ambi- 
tion, thrift, courage and vision, Will 
H. Hays declared at the widely at- 
tended memorial services for the 
late film pioneer at the West End 

(Continued on Page 10) 

Nebraska Files Ascap Brief; 
Asks Injunction Dismissal 

Lincoln, Neb. — -William Holtz, who 
heads Nebraska's legal battery 
against Ascap's move to prove this 
State's law against the association 

(Continued on Page 10) 

&*\ DAILY 

Monday, October 9, 1939 

Vol. 76, No. 69 Mon.,Oct. 9, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y.. 
by Wid's Films and Film Folk, Inc. J. W 
Alicoate, President and Publisher; Don 
aid M. Mersereau. Secretary-Treasurer; En 
tered as second class matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms CPostaire 
free) United States outside of Greater New 
York $1(1. 00 one year; 6 months, $5.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com 
miinications to TFIE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118, 9-7119, 9-7120, 9-7121. Cable- 
Address: Filmday, New York. Hollywood. 
California— Ralph Wilk, 6425 Hollywood 
Blvd., Phone Granite 6607. London — Ernest 
\V. Fredman. The Film Renter, 127-133 Wai 
dour St., W. I. Paris— P. A. Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
soulan (12). Mexico City — Marco- Aurelio 
Oalindo, Depto. 19, 5A, Dr. Lucio No. 102. 
Mexico, D.F. Buenos Aires — Chas. de Cruz. 
He'aldo Del Cinematografisra, Corrientes 1309. 

f i nn nam 


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345/g 331/2 341/ 4 _ 3/ 8 

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® The Broadway Parade ® 

Picture and Distributor Theater 

Goodbye, Mr. Chips (Melro-Goldwyn-Mayer) — 22nd week Astor 

Real Glory, The (United Artists-Goldwyn) — 4th week Rivoli 

Honeymoon in Bali (Paramount Pictures) — 3rd week Paramount 

The Women (Metro-Goldwyn-Mayer) — 3rd week Capitol 

I Met a Murderer (York Pictures) — 2nd week 55th St. Playhouse 

Intermezzo: A Love Story (United Artists-Selznick) Music Hall 

What a Life ( Paramount Pictures) Paramount 

Dust Be My Destiny (Warner Bros. Pictures) Strand 

Eternally Yours (United Artists-Wanger) Roxy 

$1,000 a Touchdown (Paramount Pictures) Criterion 

U-Boat 29 (Columbia Pictures) Globe 

All Quiet on the Western Front (Universal Pictures) (d) Rialto 

Mystic Circle Murder, The (Merit Pictures) (a) Central 

Taming of the West (Columbia Pictures) (a) Central 

The Rains Came (20th Century-Fox) (a-b) Palace 

Everything's On Ice (RKO Radio Pictures) (a) Palace 


The End of a Day (Juno Films) — 5th week Filmarte 

Harvest (French Cinema Center) — 2nd week World 

Affair LaFont, The (Trars-Atlantic Films) Little Carnegie 

II Signor Max (Aspra Film) Cinecitta 

Why This War (Jewel Productions) Amkino 


What a Life (Paramount Pictures) — Oct. 11 Paramount 

Jamaica Inn (Paramount Pictures-Mayflower) — Oct. 11 Rivoli 

Fast and Furious (Metro-Goldwyn-Mayer) — Oct. 11 Criterion 

On Your Toes (Warner Bros. Pictures) — Oct. 20 Strand 

Babes in Arms (Metro-Goldwyn-Mayer) Capitol 

Mr. Smith Goes to Washington (Columbia Pictures) (c) Music Hall 

Hollywoo! Cavalcade (20th Century-Fox) (c) Roxy 

Witness Vanishes, The (Universal Pictures) (c) Rialto 

Nurse Edith Cavell (RKO Radio Pictures)— Oct. 12 (a-b) Palace 

Here I Am a Stranger (20th Century-Fox)— Oct. 12 (a-b) Palace 

Rasputin (Concord Films) — Oct. 16 55th St. Playhouse 

Ultimatum (J. H. Hoffberg & Co.) (c) World 

(a) Dual bill. 

(b) Subsequent run. 

(c) Follows current bill. 

(d) Revival. 

MPPDA Board Will Meet 

Again Next Wednesday 

(Continued from Page 1) 

disposed of and the meeting was 
further adjourned until Wednesday. 
A resolution expressing- regret 
over the death of Carl Laemmle was 
passed in which the pioneer leader 
was eulogized as a "true friend to 
all men and whose career will be a 
lasting inspiration." 

Tribute to Thomas A. Edison was 
made at the meeting in the form of 
a resolution which read: 

"Whereas. Thomas A. Edison, 
using flexible film prepared by 
George Eastman, perfected the 
Kinetoscope on Oct. 6, 1889, and 
"Whereas, this marked the 
birth of the motion picture, 

"Therefore, we. the Board of 
Directors of the Motion Picture 
Producers and Distributors of 
America, wish to pay tribute on 
the Fiftieth Anniversary to the 
genius which made possible this 
great service of entertainment 
and education." 

It was announced by the board 
that effective last Thursday, sal- 
aries of the MPPDA personnel were 
reduced 5 to 20 per cent, excepting 
those below $50 a week. The cuts 
go as high as 20 per cent for those 
receiving $500 a week or more. 

New Zealand Organizes 
Board to Control Fi 


Wellington, N. Z. (By Cable)— 
Formation of the New Zealand Film 
Board of Internal Control has been 
completed here. 

A statement by the Government 
on film statistics for the past year 
reveals that British quota films 
against the total number of quota 
films had dropped six per cent. How- 
ever, there was a rise of four per 
cent in the total number of British 
films exhibited. 

General Electric Orders 

Up 32% for Nine Months 

Sch c nectadv — Third quarter or- 
(joj-q i-eceived by General Electric 
show a 31 per cent gain over 1938, 
moving from $60,533,000 last year 
to $79,510,000. 

Nine months' orders received were 
$248,582,000. an increase of 32 per 
cent from the $188,757,000 received 
during the like period a year ago. 

20th-Fox Names Welch 

Johannesburg Manager 

Owen T. Welch has been appointed 
as manager for 20th-Fox at the 
Johannesburg office, South Africa, 
it was learned Friday. Otto B. 
Bolle is the managing director for 
the company in the territory. It 
was also reported that during the 
excavation work on the new 20th- 
Fox first-run house in that city that 
the contractor's struck a rich de- 
posit of gold Welch has been in 
the film business in Africa for some 

Walter Hayner Dead 

Toronto — Walter Hayner, general 
sales manager for Canada of Regal 
Films, distributor for Metro and 
Monogram Pix, died here Saturday 


Motion picture manager with promo- 
tional experience for a large theatre. 
Send full particulars including salary. 
Box 1400. 

1501 Broadway New York City 

cominG mid Goino 

SIDNEY R. KENT has returned to New York 
after a vacation in the Thousand Islands. 

JOSEPH M. SCHENCK, 20th-Fox board chair- 
man, is expected to leave for Hollywood this 

JACK L. WARNER returns to the Coas^-short- 
ly, after a combined vacation and busjie j trip 

to New York. 

BOB CILLHAM, ad. and pub. chieftain for 
Paramount, has returned from Detroit. 

FRANKLYN WARNER was scheduled to return 
to Hollywood yesterday after a brief stay here. 

BEN KALMENSON, Southern and Western 
sales manager for Warners, returned to the home 
office Friday after a trip through the Midwest. 

RALPH AUSTRIAN, RCA vice-president, ar- 
rives on the Coast today for a month's stay on 

HERBERT J. YATES is expected here this 
week-end after a business trip to the Coast. 

NUNNALLY JOHNSON, associate producer for 
20th-Fox, arrives here this week for a lengthy 

MARTHA RAYE leaves Hollywood today for 
New York. 

RICARDO CORTEZ is here for a vacation. 

MORTON DOWNEY arrived in Hollywood yes- 
terday from Chicago for his opening tomorrow 
at the Ambassador. 

MAX CORDON arrives from the Coast Thurs- 

VIRGINIA VAN UPP left for Hollywood yes- 
terday by car. 

B'Nai B'Rith to Charter 

Cinema Lodge on Nov. 3 

Cinema Lodge of the national 
B'nai B'rith organization will re- 
ceive its Charter at a meeting Nov. 
3. First session held last week 
at the Hotel Edison in New York 
City, was attended by over 100 
representatives of the pix industry. 

Principal speaker was Dr. William 
F. Rosenblum, chairman of the Met- 
ropolitan Anti-Defamation League. 
After this, the meeting concerned 
itself with plans for a membership 

President of the Cinema Lodge is 
A. W. Schwalberg; Secretary, Stuart 
H. Aarons; Treasurer, Max B. Black- 








A Sound Motion Picture 



For dates: Write, Wire or Telephone 


1600 Genesee St., Taylor 1600, Buffalo, N. Y. 










Fr «* & Nu„... ." to you" 

advis e 

" een/ , Ne w 

York Tt 


*<>^^ ' See it" 










A Love Story 



Produced by DAVID O. SELZNICK 
Directed by Gregory Ratoff 
Associate Producer Leslie Howard 





Monday, October 9, 19391 

N.Y. HOUSES 100% 

{Continued from Page 1) 

room of Local 306, operators' union, 
with Richard Scott, 306 organizer, 

In addition to the two new locals, 
which will be known as Local B-171 
and B-172, in the Manhattan and the 
Bronx, respectively, Local B-170 is 
actively operating in Brooklyn or- 
ganizing doormen and ushers. It was 
stated that some 1600 members have 
already been enrolled in the two new 

An immediate move will be in- 
stigated to secure contracts with the 
major circuits operating in this area, 
with a two-fold purpose; to complete 
the organizational activities of the 
IATSE in the theater field, and elim- 
inate any possible loophole for en- 
croachment by the CIO. With the 
operators and stagehands in this 
area almost 100 per cent IA con- 
trolled, it is expected that the new 
locals will not have much difficulty 
in their drive for contracts, with the 
complete support of the IA behind 
them and the two key unions in the 
theatrical field operating actively as 
their allies. 

It is also expected that Local 306 
will shortly move to absorb the rump 
Empire State Motion Picture Opera- 
tors' union, which still has members 
working in several circuits. A further 
result of the IA move was expected 
to be a serious crippling of any ac- 
tivities by Local 258, CIO, which has 
attempted to encroach in the fields al- 
ready actively organized by the IA. 
Recently, the head of the CIO inter- 
national union which chartered Local 
258 denied that the charter gave the 
Local the right to organize opera- 
tors, although the Local claimed it 
was given this jurisdiction. In order 
to prevent open warfare it is not an 
improbable move that the Local 258 
charter may be completely rescinded, 
it was reported at the week-end. 

Four WB Top Budget Pix 

Coming Before Holidays 

Warners will release four top 
budget pix before Christmas. In 
addition to the Zorina musical, "On 
Your Toes," to be released Satur- 
day, they are: "The Roaring Twen- 
ties," with James Cagney and Pris- 
cilla Lane, Oct. 28; "The Private 
Lives of Elizabeth and Essex," Bette 
Davis-Errol Flynn starrer, Nov. 11, 
and Paul Muni's "We Are Not 


Marriage of Leonard Goldenson, 
Paramount theater exec, and Isa- 
belle Weinstein, daughter of the 
president of Russeks, will take place 
tomorrow, it was learned at the 


with PHIL A4. DALY; 

• • • BUT for the World War more than two decades ago 

Thomas A. Edison whose first Kinetoscope in October, 1889, paved 

the way for today's motion picture would have given the 

world talking pictures via records and motion pictures of all 

the great operas So disclosed his widow Mrs. Nina M. Edison 

Hughes in Friday's nation-wide radio broadcast a notable 

highlight of the Golden Jubilee program Mrs. Hughes who reminisced 

about her husband's experiments and the development of the 

Kinetoscope in the course of an interview with Mrs. Malcolm Park- 
er MacCoy of the New York State Federation of Women's Clubs .... 

declared that the War diverted Edison's attention to work on 

chemicals and materials that embargoes made no longer available 

in the United States and his further film plans necessarily were 


▼ T T 

• • • DRAWING upon a treasury of golden memories 

Mrs. Hughes asserted that Edison started work on motion photog- 
raphy because "The idea occurred to him that an invention 

could be achieved that would do for the eye what the 

phonograph did for the ear" She pictured the inventor as an 

inveterate fan: "Around the Oranges and Montclair we 

were often the most regular attendants at the theaters" Those 

in the vast radio audience privileged to hear Mrs. Hughes 

must have thrilled immeasurably to her intimate ac- 
count of the motion picture's birth 

• • • MUCH of the heart the real heart oi the industry locally 

was present Friday at the luncheon tendered by pix execs. 

to General Hugh Johnson .... in the Rockefeller Center Luncheon 

Club It was a delightful luncheon not only for the hosts and 

guest but for the handicapped children in this area for whose 

care the hosts presented the guest with a check for $14,595 which 

was a portion of the special contribution made by the Will Rogers Mem- 
orial Commission for the assistance of institutions specializing 

in the care of handicapped kiddies The check went to General 

Johnson as chairman of the recent Infantile Paralysis Campaign in Great- 
er N. Y 

▼ T T 

• • • THERE were little things about the luncheon 

which were ultra-human One was the poignant note in Will 

Hays' words "1 wonder if we realize what we lose in 

not having Will Rogers with us today in this country!" Then 

there was the little reference by Basil O'Connor president of 

the National Foundation for Infantile Paralysis, Inc to Will 

Rogers as having been one of the first to interest himself in 

the Warm Springs, Ga., project Reassuring it was to look 

around and see men busy, busy men in this busy biz 

but NEVER too busy to bring some alleviation to the 

needy Of such stamp are Major Leslie Thompson, W. G. Van 

Schmus, Joe Bernhard, Sam Rinzler, Harry Brandt, Harry Bux- 
baum, Harold Rodner, Walter Vincent, Richard C. Patterson, Jr.. 

John J. O'Connor, William Powers, Arthur Israel, John 

C. Wright J. R. Springer, Walter Trumbull, Sen. J. 

Henry Walters, A. P. Waxman and the many others who 

gathered at almost literally the top of the town Friday for 



{Continued from Page 1) 

will make announcement of his fu-J 
ture plans shortly, it was said. 
Depinet a week ago signed a new 
long-term contract. 

The retiring exec, has ber e 


RKO in various capacities '"/.- 12 
years, entering the organization as 
general manager of the RKO the 
aters' film booking department where 
he was in charge of buying and book 
ing for the circuit. Seven years ago 
he was made general sales manager 
of RKO Radio Pictures and since has 
directed the selling organization in 
the United States and Canada. 

Widely known and popular Levy, a 
native of Rochester, has been more 
than 25 years in the industry. He 
started as a film salesman for Uni 
versal and progressing rapidly to 
membership in that company's sales 
cabinet where he was first associated 
with Depinet. He later joined First 
National Pictures, remaining three 
years, later going as special repre- 
sentative for United Artists. 

Freeman Scotches Report 

Para. Studios to Close 

(Continued from Page 1) 

ports that the Paramount studios 
would be shut down for a period of 
time. He said Paramount had no such 
plans or intentions. The studio will 
try to finish all pictures that are be 
ing prepared or shooting by Dec. 20 
or 21 so that there will be no shoot- 
ing Christmas week or until after 
New Year's Day. Big pictures will 
be before Paramount cameras in 
January, February, March and April, 
it was stated. 

Buffalo Lifts Polio Ban 

Buffalo — Health board ban on chil- 
dren's theater patronage, imposed 
five weeks ago because of scores of 
poliomyelitis cases, is off, effective 
today . It has cost up to 40 per cent 
of business in some houses. 

c7 "7"-^-„„, 

« « « 

» *> ** 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

Irving Cummings 
Marjorie Beebe 


Jeanette Loff 
Dennis J. Shea 







Monday, October 9, 1939 

N.Y, HOUSES 100% 

(Continued from Page 1) 

room of Local 306, operators' union, 
with Richard Scott, 306 organizer, 

In addition to the two new locals, 
which will be known as Local B-171 
and B-172, in the Manhattan and the 
Bronx, respectively, Local B-170 is 
actively operating in Brooklyn or- 
ganizing doormen and ushers. It was 
stated that some 1600 members have 
already been enrolled in the two new 

An immediate move will be in- 
stigated to secure contracts with the 
major circuits operating in this area, 
with a two-fold purpose; to complete 
the organizational activities of the 
IATSE in the theater field, and elim- 
inate any possible loophole for en- 
croachment by the CIO. With the 
operators and stagehands in this 
area almost 100 per cent IA con- 
trolled, it is expected that the new 
locals will not have much difficulty 
in their drive for contracts, with the 
complete support of the IA behind 
them and the two key unions in the 
theatrical field operating actively as 
their allies. 

It is also expected that Local 306 
will shortly move to absorb the rump 
Empire State Motion Picture Opera- 
tors' union, which still has members 
working in several circuits. A further 
result of the IA move was expected 
to be a serious crippling of any ac- 
tivities by Local 258, CIO, which has 
attempted to encroach in the fields al- 
ready actively organized by the IA. 
Recently, the head of the CIO inter- 
national union which chartered Local 
258 denied that the charter gave the 
Local the right to organize opera- 
tors, although the Local claimed it 
was given this jurisdiction. In order 
to prevent open warfare it is not an 
improbable move that the Local 258 
charter may be completely rescinded, 
it was reported at the week-end. 

Four WB Top Budget Pix 
Coming Before Holidays 

Warners will release four top 
budget pix before Christmas. In 
addition to the Zorina musical, "On 
Your Toes," to be released Satur- 
day, they are: "The Roaring Twen- 
ties," with James Cagney and Pris- 
cilla Lane, Oct. 28; "The Private 
Lives of Elizabeth and Essex," Bette 
Davis-Errol Flynn starrer, Nov. 11, 
and Paul Muni's "We Are Not 


Marriage of Leonard Goldenson, 
Paramount theater exec, and Isa- 
belle Weinstein, daughter of the 
president of Russeks, will take place 
tomorrow, it was learned at the 

• • • BUT for the World War more than two decades ago 

Thomas A. Edison whose first Kinetoscope in October, 1889, paved 

the way for today's motion picture would have given the 

world talking pictures via records and motion pictures of all 

the great operas So disclosed his widow Mrs. Nina M. Edison 

Hughes in Friday's nation-wide radio broadcast a notable 

highlight of the Golden Jubilee program Mrs. Hughes who reminisced 

about her husband's experiments and the development of the 

Kinetoscope in the course of an interview with Mrs. Malcolm Park- 
er MacCoy of the New York State Federation of Women's Clubs .... 

declared that the War diverted Edison's attention to work on 

chemicals and materials that embargoes made no longer available 

in the United States and his further film plans necessarily were 


T T T 

• • • DRAWING upon a treasury of golden memories 

Mrs. Hughes asserted that Edison started work on motion photog- 
raphy because "The idea occurred to him that an invention 

could be achieved that would do jor the eye what the 

phonograph did for the ear" She pictured the inventor as an 

inveterate fan: "Around the Oranges and Montclair we 

were often the most regular attendants at the theaters" Those 

in the vast radio audience privileged to hear Mrs. Hughes 

must have thrilled immeasurably to her intimate ac- 
count of the motion picture's birth 

• • • MUCH of the heart the real heart of the industry locally 

was present Friday at the luncheon tendered by pix execs. 

to General Hugh Johnson in the Rockefeller Center Luncheon 

Club It was a delightful luncheon not only for the hosts and 

guest but for the handicapped children in this area for whose 

care the hosts presented the guest with a check for $14,595 which 

was a portion of the special contribution made by the Will Rogers Mem- 
orial Commission for the assistance of institutions specializing 

in the care of handicapped kiddies The check went to General 

Johnson as chairman of the recent Infantile Paralysis Campaign in Great- 
er N. Y 

T T T 

• • • THERE were little things about the luncheon 

which were ultra-human One was the poignant note in Will 

Hays' words "I wonder if we realize what we lose in 

not having Will Rogers with us today in this country!" Then 

there was the little reference by Basil O'Connor president of 

the National Foundation for Infantile Paralysis, Inc to Will 

Rogers as having been one of the first to interest himself in 

the Warm Springs, Ga., project Reassuring it was to look 

around and see men busy, busy men in this busy biz 

but NEVER too busy to bring some alleviation to the 

needy Of such stamp are Major Leslie Thompson, W. G. Van 

Schmus, Joe Bernhard, Sam Rinzler, Harry Brandt, Harry Bux- 
baum, Harold Rodner, Walter Vincent, Richard C. Patterson, Jr., 

John J. O'Connor, William Powers, Arthur Israel, John 

C. Wright J. R. Springer, Walter Trumbull, Sen. J. 

Henry Walters, A. P. Waxman and the many others who 

gathered at almost literally the top of the town Friday for 


« « « 

» *> »% 


(Continued from Pane 1) 

will make announcement of his fu- 
ture plans shortly, it was said. 
Depinet a week ago signed a new- 
long-term contract. 

The retiring exec, has be^'g with 
RKO in various capacities -./.• 12 
years, entering the organization as 
general manager of the RKO the- 
aters' film booking department where 
he was in charge of buying and book- 
ing for the circuit. Seven years ago 
he was made general sales manager 
of RKO Radio Pictures and since has 
directed the selling organization in 
the United States and Canada. 

Widely known and popular Levy, a 
native of Rochester, has been more 
than 25 years in the industry. He 
started as a film salesman for Uni- 
versal and progressing rapidly to 
membership in that company's sales 
cabinet where he was first associated 
with Depinet. He later joined First 
National Pictures, remaining three 
years, later going as special repre- 
sentative for United Artists. 

Freeman Scotches Report 

Para. Studios to Close 

'Continued from Page 1) 

ports that the Paramount studios 
would be shut down for a period of 
time. He said Paramount had no such 
plans or intentions. The studio will 
try to finish all pictures that are be- 
ing prepared or shooting by Dec. 20 
or 21 so that there will be no shoot- 
ing Christmas week or until after 
New Year's Day. Big pictures will 
be before Paramount cameras in 
January, February, March and April, 
it was stated. 

Buffalo Lifts Polio Ban 

Buffalo — Health board ban on chil- 
dren's theater patronage, imposed 
five weeks ago because of scores of 
poliomyelitis cases, is off, effective 
today . It has cost up to 40 per cent 
of business in some houses. 

<---, j-ra7 

Best wishes from THE FILM DAILY 
to the fallowing on their birthdays: 

Irving Cummings Jeanette Loff 

Marjorie Beebe Dennis J. Shea 




Rousing melodrama a-roar in a theatre of action new to the screen — the terrored Tus- 
carora hills of the roaring USD's! . . . Hollywood's most ambitious story of pioneer times, 
gloried with the touch of epic greatness, told with a smash and a sweep and a heart- 
winging thrill on a screen too small for its mighty action! . . 


'/ *• 






5 #^ M 




\\ % 








Tl^l IR^T Produced by P. J. Wolfson • Directed by William A. Seiter 

PANDRO S. BERMAN in Charge of Production 


Screen Play by P. J. Wolfson 



Monday, October 9, 1939 



(Continued from Page 1) 

Irving Trust Co., trustee of RKO. 
Text of the letter follows: 

"You have made inquiry as to the 
present disposition of Atlas Corpora- 
tion toward underwriting an offering 
of tamon stock to unsecured credi- 
tor^under the plan of reorganization 
of RKO. 

"As you know, our August under- 
writing proposal expired because its 
terms had not been approved within 
the time stated in the offering and 
was not renewed only because war 
had intervened and brought into play 
new factors. I have since been 
studying the situation in the light 
of the new conditions to determine 
upon fair terms of a new underwrit- 
ing proposal. 

"The plan of reorganization calls 
for the raising of $1,500,000 for re- 
organization expenses and working 
capital needs of the parent company 
only as it was believed that RKO 
Radio Pictures, Inc. and the various 
theater subsidiaries have sufficient 
capital for their own requirements. 
I see no reason to change this view. 

"I am making plans to make a 
new offer to underwrite but would 
prefer to do so when Mr. Schaefer is 
here and can take part in our dis- 
cussions. However, the matter can 
be taken up with the remaining 
members of the Board if Mr. Schaef- 
er's return is to be long delayed." 

RKO Radio Pictures, Inc. has re- 
cently completed, or has in work, a 
number of important pictures which 
provides the largest inventory of 
product this company has had for 
some time. 

Frank J. Price Dead 

Oceanport, N. J. — Frank J. Price, 
79, the original Beau Broadway of 
the New York Morning Telegraph, 
is dead here. 

Edwin Carewe Stricken 

West Coast Bureau of THE FILM DAILY 

Hollywood — Stricken with a heart 
attack Friday, Edwin Carewe's con- 
dition at press time was reported as 

"Passage" and New Autos 

to Have Joint Premiere 

(Continued from Page 1) 

a prelude to the premiere of the 
picture, leaders of the automotive 
industry will stage a "sneak pre- 
view" of the 1940 models of motor 
cars. The "glittering parade of 
cars and stars," scheduled for the 
opening day of the picture, was ar- 
ranged by the Detroit Premiere 
Committee, recently formed to spon- 
sor the premiere of "Disputed Pas- 


Revive Industry Code? — British Production Stymied 



saw move looming for revival of dis- 
tributors' Trade Practice Code, 
further negotiations being urged by 
Ray Branch, prexy of Michigan Al- 
lied, with immediate arbitration its 
aim. ITOA of New York named a 
committee to revise its arbitration 
proposal to N. Y. C. circuits. 

chigan Allied reported weighing its 
relationship to national Allied as out- 
growth of its advocacy of further 
Code negotiations . . . N. Y. Allied 
was reported slated to reorganize at 
Syracuse meeting but majority of 
members were said to support Prexy 
Max A. Cohen in the split with na- 
tional Allied . . . N. Y. indie exhib. 
group issued call for a state-wide 
meeting on Oct. 17. 

reserved decision in Gov't's injunc- 
tion against expansion of the Schine 
pending outcome of its suit . . . 
Crescent Amusement Co. demanded 
bill of particulars in Gov't suit . . . 
Griffith interests contended D of J 
was moving to fast in suit against 
it . . . Federal grand jury probe 
into alleged industry irregularities 
and labor racketeering on Coast, 
neared its end, with Special Prosecu- 
tor Carr slated to report to Atty. 
Gen'l Murphy this week . . . Stock- 
holders sued 20th Century-Fox, seek- 
ing cancellation of contracts of a 
number of top execs. 

National Press Club Will 
Sponsor "Smith" Premiere 

(Continued from Page 1) 

Smith Goes to Washington" will 
take place the night of Oct. 17 in 
the D.A.R.'s 4,000-seat Constitution 
Hall, Washington, under sponsorship 
of the National Press Club, it was 
announced at the week-end. It sets 
a precedent for the Club, No. 1 or- 
ganization of newspapermen in the 
U. S. 

Arrangements on behalf of the 
Club were concluded with Columbia 
Friday by Arthur Hachten, INS, its 
President; Fred Perkins, head of 
the Washington Bureau of the 
Scripps-Howard Newspaper Alliance 
and Walter Karig, Washington cor- 
respondent of the Newark Evening 
News, forming a Committee. 

Invitations will be extended to 
the President and Mrs. Roosevelt, 
members of the Cabinet, members 
of the Diplomatic Corps and mem- 
bers of the Senate and the House of 

Zanuch Lines Up 30 Stories for 1940-41 

West Coast Bureau of THE FILM DAILY 
Hollywood — With seven major pix on the current program now shooting, Darryl F. 
Zanuck is already at work on plans for the 1940-41 lineup. Thus far, Zanuck has 
acquired rights to approximately 30 novels and plays with a view of production next 

UNIONS: IATSE talked camera- 
men's contract at Coast . . . Possibil- 
ity foreseen that Local 306, opera- 
tors' union, and N. Y. C. circuits 
would effect a compromise on union's 
wage increase demand . . . Local 306 
reported that Samuel Wolchak of 
CIO denied that CIO Local 258's 
charter gave it jurisdiction over pro- 


ENGLAND: Ben Goetz and Sam 
Sax, back from England, reported no 
prospect in sight of any large-scale 
British pix production . . . Cable 
from London advised that film biz 
was up 60 per cent and still gaining. 

AMERICAS: U. S. projected trade 
pact with Chile reported aid to U. S. 
films in that country . . . N. L. 
Nathanson of Famous Players Cana- 
dian reported slated to confer with 
Dominion indies on Canadian clear- 
ance . . . Loew's, Inc., reported con- 
sidering building of nabe theaters in 
Buenos Aires. 


(Continued from Page 1) 

plans no restriction on film imports, 
but there is a strong possibility that 
the Government will require that a 
certain amount of money accruing 
from U. S. pix distribution here re- 
main in the country. 

West End theaters on Friday were 
granted a concession on closing as a 
result of CEA representations cov- 
ering several weeks. The 6 p.m. cur- 
few is ended. Five West End houses 
will be permitted to remain open 
until 10 p.m. one week, six others 

Cole and Myers to Attend 
Syracuse Allied Meeting? 

(Continued from Page 1) 

being sought by the group spon- 
soring the session at which affilia- 
tion with national Allied is expected 
to be determined. 

For the past twenty-one years Film Daily 
Year Books have been recognized as the Stan- 
dard Reference Books of the Motion Picture 
Industry. Put them all together and you have 
the finest history of the motion picture busi- 
ness during this period of time obtainable 
anywhere in the world. Film Daily Year 
Books are an integral part of the industry. 
The 1940 edition is now in preparation. 


Caged Hen 

Fearlessly, a prison chaplain 
rejects the defiant challenge 
that meant swift, sure death! 


Lusting For Life! 



m p p rg i J iSr 1 1 i 5 t 

2H W ft/JH u 



Monday, October 9, 1939 


{Continued from Page 1) 

culties — such as re-arrangement of 
programs to bring the releases into 
line — but these have all been 
straightened out. 

British Trade Co-operating 

One thing about it, the distributor 
and exhibitor are working well to- 
gether, because each know they are 
dependent upon the other, so there's 
no opposition from either source. 
Taken by and large, the public have 
accepted even "scratch" programs, 
although not keen on old films — but 
even re-issues are better than noth- 
ing at all. 

Things have adjusted themselves 
as regards reopening of offices in 
and around Wardour St. Sales forces 
have returned — -they ought never to 
have gone away, for that matter — 
and the business of buying and sell- 
ing is going on. Trade shows have 
re-started, which further helps the 
exhibitor back to a sense of nor- 

The black-out is pretty tiresome, 
but you get used to anything, and 
although people very naturally are 
not visiting the kinemas at night in 
such numbers as before the outbreak 
of war, at the same time the little 
matter of street lighting being ex- 
tinguished isn't going to stand in the 
way of the majority. 

Production is the only thing that 
seems a little stagnant; although 
there's some activity, it's nothing 
like it should be. The Government is 
anxious there shall be no hold-up and 
British films will be made in in- 
creasing quantities, but they appear 
a trifle slow in giving a pronounce- 
ment on the Films Act. Stories are 
going around that it's to be sus- 
pended, but you can take it definite- 
ly, this won't be the case. But it 
would look a great deal more con- 
vincing if the Board of Trade them- 
selves said so. 

Early Decision Promised 

As a result of pressure from the 
producers, Oliver Stanley, the presi- 
dent of the Board of Trade, has just 
written saying he is bearing the 
matter in mind and will give a deci- 
sion at the earliest possible moment, 
which again dosen't seem to get any- 
body anywhere. 

Although we are getting nearer to 
"business as usual," a lot of hectic 
work has been going on behind the 
scenes. There's the question of 
transport, for instance — for as you 
know, petrol is rationed in this 
country. Fortunately, however, the 
industry has good contacts with the 
Government, and the powers that be 
have been most sympathetic, and 
have undoubtedly gone out of their 



A Quota for War Films 

. . . too many hold several dangers 

(Continued from Page 1) 
from the movie-going public. And in this instance, that adverse reaction reasonably 
may be expected early. For this country today is peace-minded, not war-minded. 


MOST emphatically, it is good business for the American film industry to see that 
it remains so. It cannot be reiterated too frequently that the continued develop- 
ment, prosperity and freedom of action of all arms of the industry are predicated 
upon a peaceful United States. 

In voluntarily limiting the number of war dramas, both those stemming from 
yesterday and today, the industry might take a leaf from radio's book. Radio quickly 
determined that its early flood of war news was driving away rather than attracting 
listeners. Accordingly, it estblished its own "quota," restricting war news largely 
to the conventional newscast periods. The lesson is equally applicable to films, 
with radio the purveyor of entertainment to the masses. 

Finally, let those who feel that war dramas will find a ready market overseas 
in those countries now under arms mull over what Ernest W. Fredman, of London's 
Daily Film Renter, says: 

IF Hollywood is wise, it will concentrate on films that are definitely of a light theme 
and so do something to cheer the people up instead of making their burdens 
heavier to bear. Solemn, dreary and portentous subjects should be taboo. 

"What the world — or rather, this country — wants today is humor — make them 
laugh and they'll crowd in, for they're not going into the kinemas to cry. So America 
can play its part by giving us pictures we can sit back and enjoy — and forget the war." 
"Forget the war" — it sounds like a good slogan in more ways than one. 
But if you must give 'em war pictures, remember "Shoulder Arms." 

Chicago — Bill Crouch, local repre- 
sentative of Motion Picture Daily, is 
the dad of an 8-pound son, born 
at the St. Luke Hospital. 

way to help the trade. All the same, 
transport is admittedly quite a 

Then there are deputations and 
meetings two or three times a day on 
some matter or another which has 
to be settled and straightened out — 
but the straightening out continues, 
and, as I say, things are a great deal 
better than one could have expected 
in one's wildest dreams. 

Pix Supply Biggest Worry 

The only big thing, in fact, that 
worries the trade at this moment is 
the supply of pictures. Stories reach 
us that Hollywood may cut down on 
production — which may or may not 
be so — but, if Hollywood is wise, it 
will concentrate on films that are 
definitely of a light theme and so do 
something to cheer the people up 
instead of making their burden heav- 
ier to bear. 

Solemn, dreary and portentous 
subjects should be taboo. What the 
world — or rather, this country — 
wants today is humor — make them 
laugh and they'll crowd in, for 
they're not going into the kinemas 
to cry- So American can play its 
part by giving us pictures we can 
sit back and enjoy — and forget the 

Biz Drop Due to European 
War Falls Below Estimate 

The European War has not in- 
flicted the financial loss on Amer- 
ican film companies that had been 
anticipated, especially in regard to 
business in England, an executive 
of a leading major said over the 
week-end. His company, as well as 
the others, he declared, were receiv- 
ing money for their pictures from 
Britain, although estimating that 
business was 25 to 30 p.c. below 

Normal business is being carried 
on with the Scandinavian countries 
and several other nations not en- 
gaged in the war, he said. 

Industry Leaders Hear 

Hays Laud Carl Laemmle 

(Continued from Pane 1) 

Synagogue Friday night. Rabbi 
Nathan Stern officiated. 

"No assets ever paid better divi- 
dends," added the MPPDA prexy, 
who described Laemmle as a person 
who "inspired affection and had 
men's admiration and respect." 

In his eulogy, Hays said: 

"In his loyalty to the land of his 
adoption, in his appreciation of the 
opportunity and benefits it had given 
him, in his belief in its ideals and 
its way of life, he was a true Amer- 

"It was fitting that the company 
he founded should have been named 
'Universal' for he grouped under 
the title of friends all classes, races 
and creeds. 

"Carl Laemmle's services to the 
motion picture industry were great. 
Alwavs he fought for what he be- 
lieved to be right, and kept his word 
and his honor untarnished. He gave 
more than he asked. Now he has 
left 'the friends of his ase to re- 
ioin the companions of his youth.' 
He has started for a land we do not 
know, but we do know that he will 
find friends there. In his long jour- 
ney from life until death he never 
travelled anywhere without making 
or finding a friend. 

"Carl Laemmle had and deserved 
the deep warm affection of all who 
knew him. He was a little man 
who was big enough to fill our 

Rabbi Stern, who was Rabbi of the 
Synagogue when Laemmle joined, 
who confirmed Carl Laemmle, Jr., and 
buried Mrs. Laemmle, paid a glow- 
ing tribute to Laemmle. "He may 
have been small in stature, but he 
was big in spirit," he said. "He left 
a sanctuary of appreciation." 

The committee in charge of the 
memorial service sat in the first two 
rows of the synagogue, which was 


(Continued from Page 1) 

the country's box-office during the 
first few days of war is lifting. 

Smash openings were the order of 
the day in three Broadway houses 
last week, with good busines^ re- 
ported at others where picturesv^'/'re 
holding over. "Intermezzo" had a 
near-record paid attendance total 
for the first four days at the Mu- 
sic Hall after "Nurse Edith Ca- 
vell" finished its second week. "In- 
termezzo's" opening was said by 
UA to have been the biggest of any 
Selznick pix there with one excep- 
tion, and that opened at holiday 
prices on Thanksgiving Day. 

Another United Artists release, 
"Eternally Yours," had an equally 
strong opening at the Roxy. 

At the Strand, Warners started 
"Dust Be My Destiny" with Ann 
Sheridan making a personal appear- 
ance and Ted Weems' ork on the 
stage and opening day business and 
week-end business nudged all-time 
records. Tickets went on sale at 
8 a.m. Friday and by 9:30, one hour 
after the feature went on, there was 
standing room only. Patrons waited 
on line for two hours before get- 
ting into the house, with the line at 
its peak, stretching around the 
Forty-eighth St. corner to Eighth 

"Honeymoon In Bali" continued 
strong at the Paramount in its sec- 
ond week and will go one more be- 
fore it leaves the house. "The 
Real Glory" continued at the Ri- 
voli with no slip in attendance fig- 
ures in its fourth week, and other 
houses in New York reported good 
business during the week, above 
what has been done recently in al- 
most every case. 

Nebraska Files Ascap Brief; 
Asks Injunction Dismissal 

(Continued from Page 1} 

unconstitutional, has filed briefs, con- 
sisting of 86 pages of findings, an- 
alysis and conclusions drawn from 
the evidence, with the three-judge 
Federal Court. 

The State contended that the max- 
imum penalties of $5,000 fines per 
violation, plus a year's imprisonment 
on conviction, was not too severe for 
breaking the Anti-Ascap law. 

Holtz also asked that Ascap's bill 
for an injunction be dismissed, that 
a permanent injunction be denied, 
and the society be declared unlawful 
and monopolistic, with no right to do 
business in the State. 

packed to overflowing with the 
friends and former employes of Carl 
Laemmle. The committee included, 
Jack Cohn, chairman, Mr. and Mrs. 
Herman Robbins, Jules Levy, Ned 
E. Depinet, Leo Abrams, Peter Sei- 
bel, Hal Hode M. M. Van Praag, 
Charles Paine, Albert Cookman, Sam 
Sedran and Sidney Singerman. 

A delegation of 15 members of the 
Pacific Lodge of Masons, headed by 
Worshipful Master Harry Grupe, at- 

( S r I \i THOMPSON 

I' p & ID 
h W 4 h T H ST 


Intimate in Character 
International in Scope 
Independent in Thought 


The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 






Max Cohen Not to Attend Syracuse Allied Meeting 


Neely Bill's Organized Support Fading — Kuykendall 

Many Groups Turning Against 

Measure, Declares MPTOA 


Buffalo — Many organizations 
which, in the past, have supported 
the Neely bill have turned against 
it "because they have taken the time 
and trouble to inform themselves," 
Ed Kuykendall, MPTOA prexy, de- 
clared here yesterday in addressing 
a meeting of the MPTO of Western 
New York. 

Kuykendall commented that more 
than nine-tenths of all pictures to 
which there has been objection here- 
tofore were sold on a strictly indi- 
vidual basis. That, he asserted, is 

{Continued on Page 11) 



Madison, Wis. — With sine die ad- 
journment of the Wisconsin legisla- 
ture, Wisconsin exhibitors, tem- 
porarily at least, have been saved 
from any adverse legislation. 

Fly in the ointment is a deficit of 
some $21,000,000 in the bnudget for 
the biennium with only $4,034,065 

(Continued on Page 11) 

Cinema Lab. Executives 

Confirm Deal With Pathe 

West Coast Bureau of THE FILM DAILY 

Los Angeles — Officials of Cinema 
Laboratories, Inc., admit that deal 
whereby Pathe seeks to acquire their 
business is near closing state. O. 
Henry Briggs of Pathe is due here 

(Continued on Page 3) 


Lincoln, Neb. — Bob Livingston, Capitol 
exhib. here, announced, not pessimistical- 
ly, that he had made his will. In it, 
he leaves 40 per cent of the Capitol 
Theater to his wife, 30 per cent each to 
Roy McGraw, his senior operator who 
has been with him for 20 years, and Mrs. 
Avis Rutherford, his secretary. 

IVetvsreel Cameramen Win 10% Increase 

West Coast Bureau of THE FILM DAILY 
Los Angeles — Retroactive to Oct. 2, newsreel cameramen are to be paid a minimum of 
$100 per week, according to tentative agreement reached by Pat Casey, representing pro- 
ducers and Charles Downs, representing Local 644. This new arrangement means a 10 per 
cent increase in pay and affects about 150 newsreel cameramen throughout the country. 
Downs, who has been conferring here with Casey, plans to return to New York this week. 


Philadelphia — In a move in line 
with the recently announced sales 
policy, Warners is reported adjust- 
ing clearance disputes arising in this 

It was understood yesterday that 
last week's visit here of Grad L. 
Sears, Warner sales chief, saw four 
complaints ironed out. 

While Allied Independent Theater 
Owners of Eastern Pennsylvania 
isn't inclined to talk, it is said that 

(Continued on Page 3) 

Philippine Theaters Said 

Increasing; Taxes Worry 

Increase in number of new film 
theaters in rural locales of the 
Philippines, and gains also in re- 
modeling and re-equipment in these 
districts of the islands, was pointed 
out yesterday by W. J. Roth, who 


Paris (By Cable) — France will 
fight to retain its foreign film mar- 
ket, an announcement by the Min- 
istry fo Information indicates. 

The Ministry communique declares 
that all films in work when the out- 
break of war caused cessation of 
production will be completed, and 
that exports will continue on ap- 
proximately a peace-time basis. 
Year's production output will ap- 
proximate 50 pix, it is declared. 

The Ministry further intimates 
that American producers will co- 
operate with French studios in the 
exchange both of artists and tech- 
nicians residing either in France 
or England. 

(Continued on Page 11) 

306 and Circuits Meeting 

Again to Pick Arbitrator 

Further meetings between New 
York circuit heads and executives 

(Continued on Page 11) 

N. y. Allied Leader Will Stay 

Out of State Unit Controversy 

Westinghouse Compressor 
Meets Needs of Theaters 

Particularly suited for theaters 
and other air conditioning applica- 
tions requiring high capacity, a new 
ultra-compact 100-ton hermetically 
sealed compressor was introduced 
by Westinghouse's air conditioning 

(Continued on Page 11) 

Max A. Cohen, president of New 
York Allied, will not attend the 
meeting called by some members of 
the organization for Oct. 17 in Syra- 
cuse, where a showdown is expected 
as to the future status of the group. 

Cohen said yesterday that he did 
not wish to become embroiled in a 
controversy created by a "disgrun- 
tled employe," adding that there can 
(Continued on Page 3) 

His Appointment Part of a 

General RKO Sales 


As part of a sweeping realign- 
ment of RKO's sales organization, 
Andy W. Smith yesterday was 
named East- 
ern sales 
in charge of 
the Eastern 
half of the 
U. S. and 
Smith, who 
resigned last 
year as gen- 
eral sales 
manager for 
Artists, suc- 
ceeds E. L. • ANDy SM)TH 
McAvoy, who 
has been placed in charge of a re- 

(Continued on Page 11) 


Atlanta, Ga. — Operators of Sun- 
day movies in Georgia received a 
serious setback yesterday in a deci- 
sion by the State Court of Appeals. 

The court ruled that operation of 
motion picture theaters on Sundays 

(Continued on Page 3) 

Indie Circuit-Distrib. Impasse 
May Close Chicago Theaters 

Chicago — Inability of independent 
circuit operators and the distribu- 

(Continued on Page 11) 

Pix Stochs Firmer 

Amusement issues on the Big Board 
gave further evidence of firmness yes- 
terday when 10 stocks advanced, all 
fractionally with one exception, while 
only three dipped slightly. Largest ad- 
vance was scored by Warners pre- 
ferred which went up two points to 
close at 45. On the Bond Market, War- 
ners debentures 6s48 also rose two to 
close at 82. For full quotations, see 
table on page 2. 



Tuesday, October 10, 1939 

Vol. 76, No. 70 Tues., Oct. 10, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays aim 
Holidays at 1501 Broadway, New York, N. V.. 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau. Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BKyant 
9-7117, 9-7118, 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. Hollywood. 
California— Ralph Wilk, 6425 Hollywood 
Blvd., Phone Granite 6607. London — Ernest 
W. Fredman, The Film Renter, 127-133 War- 
donr St., W. I. Paris— P. A. Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
soulan (12). Mexico City — Marco-Aurelio 
Galindo, Depto. 19, 5A, Dr. Lucio No. 102. 
Mexico, D.F. Buenos Aires — Chas. de Cruz. 
Heraldo Del Cinematografista, Corrientes 1309. 



Am. Seat 

Col. Picts. vtc. (2i/ 2 % 
Columbia Picts. pfd. 

Con. Fm. Ind 

Con. Fm. Ind. pfd. 

East. Kodak 

do pfd 

Gen. Th. Eq 

Loew's, Inc 

do pfd 


Pjaramount 1st pfd. . 
Paramount 2nd pfd. 

Pathe Film 


20th Century-Fox 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros 

do pfd 

High Low 

HVs HVs 

) 73/ 4 71/ 4 

183/4 18% 

l V4 l 'A 

83/ 4 85/ 8 

153 1521/4 

156 156 

IOV4 93/4 

34% 343/ 8 

102% 10234 

8 73/4 
. . 80 1/2 80 

9 9 


"Vs ■ 

73/4 + 

183/ 4 _ 
H/4 . 



IO1/4 + 

343/4 + 

1023/4 — 

7% + 

80 1/2 

9 + 

3 /4 

3 '8 




1% 1% 1% + Vs 
Hi/2 14i/ 4 hi/ 2 4. y 2 

41/4 4 V 
45 45 

41/4 + Vs 
45 +2 


Keith B. F. def. 6s46 

Loew's deb. 3'/>s46. . 97l/ 2 97V 2 97 1/ 2 

Para. B'way 3s55 46i/ 2 46Vi 46 Vi — 2'/ 2 

Para. Picts. 6s55 

Para. Picts. cv. 3 i/ 4 s47 80 80 80 -f- 3/. 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 82 82 82+2 

Monogram Picts 

Sonotcne Corp 

Technicolor 12i/ a 11% 11%— Vs 

Trans-Lux 1 3/ 8 1 y A 1 14 — l/ 8 

Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd lOOVi 

Fox Thea. Office Bldg. 1st '46 4l/ 2 6% 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse. Inc. 2nd deb '45... 63 66 
Roxy Thea. Bldg. 4s 1st '57 583/4 61 V* 




Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


"U" is Sued for $25,000 

in Dispute Over Title 

Stage and Screen Productions, 
Inc. filed suit yesterday in N. Y. 
Supreme Court against Universal 
Pictures Co., Inc. in which it asks 
for $25,000 damages, an injunction 
and accounting. The complaint 
stated that in 1934 plaintiffs pro- 
duced a feature "Inside Informa- 
tion" and gave distribution rights 
in England to the defendants' sub- 
sidiary Universal Pictures, Ltd. In 
spite of the agreement, the com- 
plaint alleged, the defendant has 
produced a picture using the iden- 
tical title contrary to the alleged 
literary rights to the title by the 

Application was filed yesterday, 
to be heard Oct. 18, for an order di- 
recting Nathan Blumberg, as presi- 
dent of Universal, to testify before 
trial. Universal has filed an answer 
denying the right of ownership of 
the title by the plaintiffs. 

Detroit Houses Hold Four 
Films; Three, Move-overs 

Detroit — Four holdovers — three of 
them extended runs moved from one 
house to another — set a new local 
record. Slowing up on new contracts, 
favorable response to Joseph 
Schenck's pleas for extending runs, 
and strength of current bills com- 
pared with recent weak ones are 
among the reasons. 

The United Artists is holding "The 
Woman" for a third week. "The 
Rains Came," originally opening at 
the Fox, is being held by the Adams 
for a third. The Cinema is holding 
both "The Edge of the World" and 
"All Quiet on the Western Front" — 
the latter on extended run from the 
Adams. The Michigan's bill — "What 
a Life" and "Honeymoon in Bali" — 
moves intact to the Palms-State. 

20th-Fox Sets Seasonal 

Product Deal With FPC 

Deal between Famous Players 
Canadian and 20th-Fox has been set 
on the 1939-40 product lineup. The 
distributing company has a long- 
term franchise deal with the Cana- 
dian theater concern, with pact re- 
newed from year to year. William 
C. Gehring, Central division man- 
ager for 20th-Fox ; negotiated the 
deal with the circuit. 

Carl Laemmle Memorial 

in Chicago Broadcast 

Chicago — Memorial services for 
the late Carl Laemmle were broad- 
cast over WMAQ Sunday night, with 
Rabbi Louis Mann of Sinai Temple 
presiding. Speakers included John 
Balaban, Jack Kirsch, Jack Fisher 
and Superior Court Judge Joseph 

J. J. Grady Recovers 

Cincinnati — J. J. Grady, 20th-Fox 
manager, has removed sufficiently to 
take up his duties, following an al- 
lergic condition. 

Cinecolor's Biz Backlog 
at Record, Says McCormick 

West Coast Bureau of THE FILM DAILY 

Hollywood — Backlog of color mo- 
tion picture biz reached a new all- 
time high last week at the Burbank 
plant of Cinecolor, Inc., according 
to an announcement by A. L. Mc- 
Cormick, president. More compa- 
nies than ever before are now 
shooting pictures, which will be 
processed in Cinecolor. 

The following are now shooting 
pictures for processing by Cinecolor: 

Arizona Western Pictures, Inc., 
Famous Paintings Productions, Inc., 
Cosmocolor Corporation, Paramount 
Pictures, Inc., United States Motion 
Pictures, Inc., Scientific Films, Inc., 
Emerson Yorke, Jam Handy Pic- 
ture Service, Inc., Wilding Picture 
Productions, Inc., Ray-Bell Films, 
Inc., Atlas Educational Film Co., 
Motion Picture Advertising Service 
Co., Radio-Holland, Java, D.E.I., 
Paul Hoeffler, Action Film Co., Jam- 
ieson Film Laboratory, Pan Amer- 
ican Airways. 

Hayner Funeral Held; 

Interment in New York 

Toronto — Widely attended by the 
trade, funeral services for Walter 
Hayner, 47, Regal Films' general 
sales manager, who died here Sat- 
urday, were held yesterday. The 
body is being taken to New York 
for interment. 

Hayner, who came to the Domin- 
ion 15 years ago, held executive 
posts with several companies in Eu- 
rope at one time. He once was as- 
sociated with M-G-M in the U. S. 
He had also served as manager of 
the Washington office for the old 
Goldwyn company. 

Randforce Will Install 

Book Night In 12 More 

Following a trial in the Meserole 
Theater of "Book Night," with the 
1,875-seat house getting a paid at- 
tendance total of 2,700 people dur- 
ing the test, the Randforce circuit 
has signed with the National Com- 
mittee for Education, operators of 
the book plan giveaway, to immed- 
iately start "Book Night" in 12 ad- 
ditional houses, it was learned yes- 

New Randforce houses signed up 
will start operating with the plan 
on Oct. 21. 

Ben Goetz Recovering 

Ben Goetz, Loew's British produc- 
tion exec, is recovering in Doctor's 
Hospital from an operation for the 
removal of his gall bladder. 


Motion picture manager with promo- 
tional experience for a large theatre. 
Send full particulars including salary. 
Box 1400. 

1501 Broadway New York City 


JOHN J. O'CONNOR, RKO theater chieftain, 
leaves today for Chicago on the first lap of an 
inspection tour of mid-Western theater proper- 

DEL GOODMAN, far Eastern manager for 
20th-Fox, left last night for the Coast follow- 
ing home office conferences. He sai^u-next 
week for the Far East. ( / 

E. Z. WALTERS, Altec comptroller, has left 
New York for a week's stay in Detroit. 

BOB O'DONNELL, Paramount theater partner 
in Texas, is here for a few days' stay. 

JERRY FAIRBANKS, co-producer of Paramount 
shorts, has arrived here from the Coast for a 
series of conferences with home office execs. 

JIMMY COSTON, Waner zone manager in Chi- 
cago, has returned there after a New York trip 
on business. 

EVELYN O'CONNELL, hostess of the Para- 
mount Lounge room, has gone to the Coast for 
a three-week vacation. 

W. J. ROTH, manager of the Philippine Island 
territory of the Western Electric Company of 
Asia, has arrived here for a vacation, accom- 
panied by MRS. ROTH. 

GILBERT MILLER is scheduled to sail for 
England later this month. 

VICKI BAUM has arrived here from the Coast. 

GEORGE H. NICOLAI has returned to Florida 
after a short stay here. 

AL SHERMAN is vacationing in Florida, with 
a trip to Cuba scheduled before he returns 

returned to the Coast. 

Warner contract players, arrive here in the next 
couple of weeks to appear in a stage production. 

JIMMY RITZ and his wife are at the Sherry 

CHICO MARX and his family are also at the 

JAMES ROOSEVELT is expected here from 
the Coast today by plane. 

WILLIAM LcBARON was scheduled to plane 
to New York from the Coast last night. 

CHARLES LAUGHTON is due here from the 
Coast next week to start a six-city personal 
appearance tour. 

ROBERT MOCHRIE left last night for Atlanta. 

Warner Club Will Fete 

New President on Friday 

Warner Club Inc. will give a tes- 
timonial dinner to Nat Fellman, 
newly elected National president on 
Friday at the Hotel Edison. Din- 
ner Committee consists of: 

W. S. McDonald, T. J. Martin, 
J. M. Brennan, R. W. Budd, L. 
Schlesinger, Stuart Aarons, Frank 
Cahill, Frank L. Gates, Bob Salo- 
mon, Harold Rodner, Harry Mayer, 
Ruth Weisberg, Jules Levey, A. W. 
Schwalberg, M. B. Blackman, H. M. 
Doherty, E. E. Hinchy, Arthur Sach- 
son, Saul Immerman, John T. 
Holmes, Willard Patterson and Abel 


/ ///^LA^X* 



Tuesday, October 10, 1939 



{Continued from Page 1) 

is a violation of the state's blue laws 
even though the theaters are oper- 
ated for specific charities. 

!~jfe decision held that operation of 
theaters is "a detached enterprise" 
and therefore separate from the 
charitable enterprise whose acts 
would be exempted from Sunday 

The decision came following the 
appeal of the Southern Theaters, 
Inc., operators of the Avondale The- 
ater, of Avondale Estates (Atlanta 
Suburb), J. R. Haeger, M. R. Brew- 
ster and C. H. Rogers, who on Nov. 
4, 1938, were found guilty of violat- 
ing the Sabbath laws by operating 
the theater on Sunday and were fined 
$100 and costs each. 

Operation of the theater on Sun- 
days, the defendants contended, was 
for charity and the entire proceeds 
went to the treasurer of the Scottish 
Rite Hospital for Crippled children. 
The hospital, they pointed out, re- 
imbursed the theater for the ex- 
penses of operating the theater on 
that day. 

Many theaters throughout the 
state have been operating on a sim- 
ilar basis. 

Appeals Court Reopens 

Para. -Leader Press Case 

Oklahoma City — Paramount Pic- 
tures, Inc., has won a reversal and 
reopening of its case in the United 
States Circuit Court of Appeals 
against the Leader Press, Inc., of 
this city. The case was filed in Fed- 
eral District Court here in April, 
1937. At that time, the case was 
dismissed on motion of the Leader 
company's attorneys. 

The film company charges that the 
printers made and sold posters, ad- 
vertising novelties and other acces- 
sories using names of the stars and 
titles of its pictures without credits. 
In addition they were charged with 
making "inartistic and inferior" 
drawings of Claudette Colbert and 
other Paramount stars for 24-sheets. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

Helen Hayes Harry Richman 

with PHIL M. DALTi 

• • • A DOFF of the lid today in the general direction of 

Columbia for what the company has accomplished in the 

way of a tie-up for the world premiere of Frank Capra's "Mr. Smith 

Goes to Washington" In enlisting the National Press Club as spon- 
sor. . . .Columbia's smart showmanship has not only insured that the spot- 
light of the American press will shine its brightest upon the 

timely picture's "first night" but it has performed yeomanry service 

in behalf of the entire motion picture industry No need to observe 

that the situation being what it is these days the film industry 

needs the friendly support and sympathetic understanding of the 

press These two great agencies of information and entertain- 
ment have much in common Their co-operation holds the germ 

of great mutual benefits The National Press Club of course rates 

as the newspaperman's outstanding professional organization Its 

decision to sponsor for the first time the world premiere of 

a motion picture is a fine tribute to 'Mr. Smith" to Capra 

and to Columbia And, what's just as important a happy 

augury Yes. "Mr. Smith Goes to Washington" and Columbia 

goes to town! ! ! 

T T T 

• • 6 IN fact next week will just about be "Mr. Smith Week" 

'long the Eastern seaboard for Columbia Pictures and 

Columbia Broadcasting System are joining mitts next Mon- 
day to fete H. V. Kaltenborn noted news commentator of 

CBS who covered for the camera the filibuster scenes 

in "Mr. Smith" The big blowout will be in the South Lounge 

of Rockefeller Center's Rainbow Room after which the dis- 
tinguished feed-baggers will view the new Capra classic 

Summoned to the festive board among others are Walter Winchell, 
Gabriel Heatter, Mr. and Mrs. Elmer Davis, Mr. and Mrs. Lowell 
Thomas, Walter Lippmann, Heywood Broun, Park Commissioner 

and Mrs. Robert Moses Borough President and Mrs. Raymond 

V. Ingersoll, of Brooklyn; Dorothy Thompson, Mr. and Mrs. Hend- 
rik Willem Van Loon, Mr. and Mrs. A. J. McCosker 

• • • NATURALLY the guest of honor will be there 

with his wife and Mr. and Mrs. Rolf Kaltenborn Ditto the 

Edward Klaubers and the Novicks plus Mr. and Mrs. Attmore Rob- 
inson, Jr., Mr. and Mrs. Samuel Lewisohn, Mr. and Mrs. John B. Kennedy, 

Mr. and Mrs. Lawrence Lowman Mr. and Mrs. William Lewis, Mr. 

and Mrs. Vincent Sheean .... Mr. and Mrs. Raymond Gram Swing .... Mr. 
and Mrs. Guy Hickock, Ted Husing, Miss Dorothy Dunbar Bromley, Mr. and 
Mrs. Frank Mason, Mr. and Mrs. W. G. Van Schmus, Mr. and Mrs. Bob 
Trout, Mr. and Mrs. William S. Paley, Edwin C. Hill, Mr. and Mrs. Louis 
Ruppel and the radio editors Thus once again a demonstra- 
tion of the community of interest possible for films and the 


T T T 

• • • TO take leave of "Mr. Smith" we ran into a di- 
rector friend of ours yesterday while strolling along B'way 

He was with his former producer When asked for whom he 

was directing now he proudly shouted: "for Uncle Sam, 

making industrials and it's swell! Only two political factions 

to contend with now and only one at a time!" Nice work 

if you can get it! 


(Continued from Page 1) 

be no meeting unless he called it. His 
attendance was requested by those 
who called the meeting. 

On the other hand, the Syracuse 
session is looked upon by some as 
being official inasmuch as six direc- 
tors and officers have issued a call 
"for the purpose of sifting facts con- 
cerning the controversy between Mr. 
Max A. Cohen and Mr. E. Thornton 
Kelly," executive secretary. 

Those who authorized the meeting 
were Harry Savett, John Gardner, 
Charles Wilson, William Tishkoff, 
Max Fogel and Mitchell Conery. 

National Allied leaders are slated 
to attend, as affiliation with the na- 
tional body will be considered and 
may be decided. 

Cinema Lab. Executives 

Confirm Deal With Pathe 

(Continued from Page 1) 

this week and a deal is expected to 
be completed while he is on West 

« « « 

>y ^ %% 

That Pathe was moving to acquire 
a West Coast laboratory was first 
reported in The Film Daily on Oct. 
5. Story, however, erroneously iden- 
tified the lab. as Cinelab. Latter, a 
New York company, has no Coast 
plant and is not involved in the pres- 
ent deal. 

Warner Bros. Ironing Out 

Disputes in Philadelphia 

(Continued from Page 1) 

Sears, plus Ted Schlanger, S-W zone 
chief; Lester Krieger, S-W buyer, 
and Bill Mansell, local Warner 
branch manager, met with an Allied 
committee. About a dozen com- 
plaints were aired, it is reported. 

Four More Circuit Deals 

Closed by Warner Bros. 

Warners have closed seasonal 
product deals with the F & M-op- 
erated St. Louis Amusement Co., 
and A. H. Blank circuit, Joe Seider's 
Prudential Theaters and Maine & 
New Hampshire Theaters, it was dis- 
closed yesterday by Grad Sears. 


Holyoke, Mass. — Mr. and Mrs. 
Ernest Goldstein are the parents of 
a son born at the Wesson Memorial 
Hospital, Springfield. It is their first 
child. Goldstein is manager of the 
Bijou Theater here. 

Cincinnati — Monogram's Milton 
Gurian is father to a son and heir, 
Stanley Louis, born Oct. 6. 


Tuesday, October 10, 1939 

ik ff R€VI€UIS Of TH€ R€U1 fILmS & ft 


with Greta Garbo, Melvyn Douglas, 

Ina Claire 

Metro 110 Mins. 





Here is a warm, human Garbo, showing 
unusual skill as a comedienne and enjoying 
it. Playing opposite her and giving a 
splendid performance is Melvyn Douglas. 
Expertly guiding the fun was Ernst Lu- 
bitsch, whose directorial touch has never 
been better. An important principal is 
Ina Claire as a Russian Grand Duchess, 
living in Paris, who loses Douglas to Garbo. 
Three delightful characters are enacted by 
Sig Rumann, Felix Bressart and Alexander 
Granach, three stern Russian trade repre- 
sentatives who quickly succumb to the gay 
life of Paris. The screenplay by Charles 
Brackett, Billy Wilder and Walter Reisch 
contains much sparkling dialogue and also 
pokes much delicious fun at the Soviet 
customs and philosophies. The screenplay 
is based on an original story by Melchior 
Lengyel. William Daniels supplied high- 
grade photography. Garbo, as an envoy to 
Soviet- Russia, is sent to Paris to close a 
deal for the sale of jewels that several 
years ago belonged to the Grand Duchess 
Swana (Ina Claire) but were confiscated 
by the new regime. She meets Douglas, a 
close friend of the Duchess, who falls in 
love with Garbo before he learns her 
mission. In addition to the proposed sale, 
the stern Garbo is to make a report to 
her government on public utilities, but 
her interest in statistics etc., wanes, es 
her interest in Douglas grows. In fact 
she becomes gay and delicious, and falls 
in love with Douglas although she knows 
he has been employed by the Duchess to 
try to regain the jewels for her. Fol- 
lowing a gay evening, Garbo and Douglas 
return to her hotel suite, and Garbo 
playfully opens the wall safe and shows 
Douglas the real jewels she has been com- 
missioned to sell. In the morning the 
jewels are gone, having been taken to 
the Duchess by Gregory Gaye, a white 
Russian working in the hotel. The 
Duchess, who is in love with Douglas 
strikes a bargain with Garbo; Garbo is 
to leave for Russia with the jewels with- 
out seeing Douglas any more. Garbo goes 
but Douglas is not to be denied. By an 
adroit move he has Garbo ordered sent to 
Constantinople — and it is there they meet 
again and fall into each other's arms. 

CAST: Greta Garbo, Melvyn Douglas, Ina 
Claire, Bela Lugosi, Sig Rumann, Felix Bres- 
sart, Alexander Granach, Gregory Gaye, 
Rolfe Sedan, Edwin Maxwell, Richard Carle. 

CREDITS: Producer, Ernst Lubitsch; Di- 
rector, Ernst Lubitsch; Author, Melchior 
Lengyel; Screenplay, Charles Brackett, Billy 
Wilder and Walter Reisch; Cameraman, 
William Daniels; Art Director, Cedric Gib- 
bons; Associate, Randall Duell; Editor, Gene 
Ruggiero; Musical Score, Werner R. Hey- 


"The Flying Deuces" 

with Stan Laurel and Oliver Hardy 

RKO Radio-Boris Morris 65 Mins. 



Laurel and Hardy's newest picture is 
full of laughs and should be popular with 
lovers of comedy everywhere. It has much 
fresh material and some sequences that 
should score in any theater. It has been 
given splendid direction by Edward Suth- 
erland, who has injected several whimsical 
touches. The picture marks an auspicious 
debut for Boris Morros as a producer and 
he no doubt, had a hand in some of the 
novel melodic material provided Laurel and 
Hardy. A quartet of writers — Ralph 
Spence, Alfred Schiller, Charles Rogers and 
Harry Langdon — wrote the original story 
and screenplay. John Leipold and Lee 
Shuken furnished the musical score and 
Edward Paul functioned as musical direc- 
tor. One of the funniest and most orig- 
inal gags ever screened has Laurel con- 
verting a prison cot bedspread into a 
harp and playing it a la Harpo Marx. An- 
other sequence has Laurel and Hardy doing 
a song and dance. Laurel and Hardy, Des 
Moines fish market clerks, are in Paris 
on a vacation. Hardy falls in love with 
Jean Parker, not knowing she is married. 
When Jean does not give him any en- 
couragement, he starts pining away and 
he and Laurel join the Foreign Legion to 
forget. They learn that one of their 
superior officers, Reginald Gardiner, is 
Jean's husband and they decide to es- 
cape. There are many complications and 
laughs before they take off in an airplane, 
which they have real difficulty in flying. 

CAST: Stan Laurel, Oliver Hardy, Jean 
Parker, Reginald Gardiner, Charles Middle- 
ton, Jean Del Val, Clem Wilenchick, James 

CREDITS: Producer, Boris Morros; Di- 
rector, Edward A. Sutherland; Authors, 
Ralph Spence, Alfred Schiller, Charles Rog- 
ers, Harry Langdon; Screenplay, Same; 
Cameraman, Art Lloyd, ASC; Special Ef- 
fects, Howard Anderson; Aerial Photogra- 
phy, Elmer Dyer, ASC; Production Manager, 
Joe Nadel; Art Director, Boris Leven; Edi- 
tor, Jack Dennis; Musical Director, Edward 
Paul; Music by John Leipold and Leo 
Shuken; Production Advisor, Rudolph Mate. 

Very Good. 

Local 37-IA in Agreement 
Providing Return of Autonomy 

West Coast Bureau of THE FILM DAILY 
Hollywood — By an agreement 
reached between Technicians' Local 
37 and the IATSE, autonomy is to 
be restored immediately to Local 37. 
Under the agreement $100,000 in 
funds, which has been tied up dur- 
ing litigation between the Local and 
IA, is released. 

Under the new setup membership 
of Local 728 is to be merged with 
Local 37 which has concurrent juris- 
diction with 728. 

"Pack Up Your 

with Jane Withers and the Ritz Brothers 

20th-Fox 75 Mins. 



Sol M. Wurtzel, has in this picture one 
of the the surprises of the year. It is 
a war farce that will bring great amuse- 
ment to any audience. H. Bruce Humber- 
stone did a grand job of directing, bringing 
out everything to keep the picture moving 
at a fast pace, with the highlights ot 
hilarity not taking away from the light 
plot. Jane Withers can be seen in this 
picture growing out of childhood into an 
attractive young woman. She does her 
best work to date in this offering, and 
her delivery of "Who'll Buy My Flowers," 
by Sidney Clare and Jule Styne, is praise- 
worthy. She also does an amusing take- 
off on George M. Cohan. The Ritz 
Brothers have a field day and gather many 
laughs with their antics. The original 
screenplay by Lou Breslow and Owen Fran- 
cis is one of the funniest, and the picture 
industry can stand many just such stories. 
Joseph Schildkraut stands out in the role 
of Jane's father. Stanley Fields, Fritz 
Leiber, Lynn Bari and Lionel Royce are 
among the principals who do good work. 
The Ritz Brothers, a Dutch vaudeville act, 
try to get booked when the war breaks 
out with Germany, but no agent will han- 
dle them. Their landlady takes the key 
to their lodging and they decide to join 
the army in the cavalry. They are given 
the lovely task of nursemaids to a com- 
pany of donkeys. When they get to 
France they meet Jane Withers, a little 
girl whose mother died and whose father 
is a spy in the French Intelligence Bureau 
behind the German lines. The Ritz Brothers 
are going to put on their act for the boys 
at the Inn and borrow German uniforms 
from the prisoners. They make a change 
and are spotted by French soldiers. They 
try to hide and get into an Observation 
balloon which breaks loose and drops 
them behind the German lines. They help 
Schildkraut escape the firing squad and the 
four of them capture a German General 
and get back to the French lines with 
him. They are decorated for bravery and 
unite Jane and her father, leaving everyone 
very happy. 

CAST: Jane Withers, Ritz Brothers, Lynn 
Bari, Joseph Schildkraut, Stanley Fields, 
Fritz Leiber, Lionel Royce, Georges Rena- 
vent, Adrienne d'Ambricourt, Leon Ames, 
William Von Brincken, Ed Gargan, Robert 
Emmett Keane, Henry Victor. 

CREDITS: Executive Producer, Sol M. 
Wurtzel; Director, H. Bruce Humberstone; 
Authors, Lou Breslow and Owen Francis; 
Screenplay, same; Cameraman, Lucien An- 
driot, ASC; Art Directors, Richard Day, 
Albert Hogsett; Editor, Nick De Maggio; 
Sound, Bernard Freericks, William H. An- 
derson; Musical Director, Samuel Kaylin; 
Song "Who'll Buy My Flowers" by Sidney 
Clare and Jule Styne. 

Very Good. 

"Dust Be My Destiny" 

with John Garfield, Priscilla Lane 
Warner Bros. 88 Mins. 


As an indictment of penal systenv N')hich 
tend to embitter young boys who are home- 
less and without friends by failing to give 
them a chance to make good at honest 
work, this story is well told. As a pic- 
ture, it is strong melodramatic entertain- 
ment. The cast has been well chosen and 
every member of it does a good job. Gar- 
field is convincing as a wanderer search- 
ing for a place to hang his hat. Priscilla 
Lane, step-daughter of Stanley Ridges, a 
prison official impresses. Ridges is good 
as the drunken prison foreman. Alan Hale, 
a newspaper editor, Henry Armetta, a 
lunch-room proprietor, as well as Charles 
Grapewin, John Litel, Moroni Olsen, Billy 
Halop and Bobby Jordan contribute fine 
support. Garfield, just released from prison, 
is locked up as a vagrant when caught on 
a freight train. Priscilla Lane helps him 
out of a jam with the prison officials and 
they fall in love. Ridges catches them at 
a midnight tryst and he and Garfield fight 
when he hits Priscilla, but later Ridges 
drops dead from a heart attack. Garfield 
and Priscilla flee and learn shortly later 
that he has been accused of murdering 
Ridges. They get married on a theater 
stage because they are broke. He gets a 
job, but has to run when the police catch 
up with him. Their life is one long flight 
from the police, with no one to turn to. 
Garfield is about to pawn his camera 
when he has the good luck to be an eye 
witness of a bank robbery. His pictures 
cause Hale to give him a job on his paper. 
Later Garfield tells Hale his story and 
saves his life when members of the gang 
who held up the bank attempt to kill Hale 
to get the picture negatives. Priscilla 
turns Garfield in when he attempts to run 
again because of the publicity attendant 
to his saving Hale's life, with his pic- 
tures taken while he is off guard. The 
trial sequence is well done, with Garfield 
being acquitted. 

CAST: John Garfield, Priscilla Lane, Alan 
Hale, Frank McHugh, John Litel, Charles 
Grapewin, Bobby Jordan, Billy Halop, Henry 
Armetta, Stanley Ridges, Moroni Olsen, 
Victor Killian, Frank Jaquet, Ferike Boros, 
Marc Lawrence, George Irving. 

CREDITS: Warner Bros. Production; Di- 
rector, Lewis Seiler; Screenplay, Robert 
Rosson; Based on a book by Jerome Odium; 
Cameraman, James Wong Howe; Editor, 
Warren Low. 


Radio Plug for "Bluegrass" 

Warners "Pride of the Bluegrass" 
will be broadcast over a Mutual Net- 
work chain of 27 stations on Oct. 
22 and Oct. 29 by the "Rainbow 
House" program which emanates 
from station WOR. The "Pride of 
the Bluegrass" programs will be 
plugged on the Oct. 8 and 15 pro- 
grams giving the picture a four- 
week buildup. 

y ".. •', By, ED. SULLIVAN, . 

Hollywood, CaL, • Oct. 4 

Princeton's lanky Jimmy Stewart not only gets Into the Unit eel 
SffctPs Senate m "Mr, Smith Goes to Washington," the 'Frank C&pra 
mb.ii,) hit previewed' here last night; it is entirely probable that 
Stewart also gained admittance to the inner chambers of the Academy 
of Motion Pietnre' Arts and Sciences, because this is one of the rare 
performances of the 1939 yep v and by all odds the greatest performance 
that Stewart has delivered .*. ,. 



T °PS MR . deeds 

- ■'■" : "'- : --" ■:■■■■: -.■,■,■■,,,.. ,.,. 







■ ■ . ; ............. 

Last night Columbia previewed Frank C 
TO WASHINGTON, and both Columbia ai 
you look at it. It will be big at the box-offee a 
to give the picture its highest praise, let me 

"Best talking picture ever made." 


>^ ? 


"Columbia and the exhibitor can now announce to 
a waiting world that Frank Capra has done it again 
... A commanding candidate for Academy and box- 
office honors." MOTION PICTURE DAILY 

"Ace box-office hit gives Frank Capra another out- 
standing contender for Academy honors." FILM DAILY 


One of the best pictures ever made." 






$£$ '» 



"Timely and superlatively entertaining." 


tCapra's latest picture, MR. SMITH GOES 
and Capra have a terrific hit from any angle 
ard big with the critics. To say it briefly and 


"Hits an all-time high from practically every stand- 
point. No man, woman or child should miss it." 


"Truly great picture." 











: -:'0^ y $ 





C0^ c ' 




'The perfect American film." L. A. NEWS 

,,._L. A. TIMES 

"As good as anything we have ever seen. 


'One of the greatest pictures of all time." 









Directed by FRANK CAPRA • Screen play by SIDNEY BUCHMAN 



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Tuesday, October 10, 1939 





{Continued from Page 1) 

vised district which will include 
Cleveland, Detroit, Indianapolis and 
Cincinnati with headquarters in 

P'^net also announced the ap- 
pon.wflent of Robert E. Mochrie as 
Southern district manager with 
supervision over Atlanta, Charlotte, 
New Orleans, Memphis, Dallas and 
Oklahoma City. Hubert Lyons, foi-m- 
er Southeastern district manager, 
will become Atlanta branch manag- 
er, while Sol Sachs, Southwestern 
district head, goes to Dallas as 
branch manager. Mochrie left last 
night for Atlanta where he will have 
his headquarters. 

Other changes in the RKO setup 
include shifting of branch managers 
and the splitting of old districts into 
new and smaller areas and the con- 
solidation of the Southeastern and 
Southwestern districts into one. 

Smith's appointment was an- 
nounced by Ned E. Depinet, vice- 
president in charge of distribution, 
who explained that Smith would have 
supervision over the New York, Al- 
bany, Boston, Buffalo, New Haven, 
Cincinnati, Cleveland, Philadelphia, 
Pittsburgh, Washington, Detroit, In- 
dianapolis, Calgary, Montreal, St. 
John, Toronto, Vancouver and Winni- 
peg exchanges. 

Mochrie, whose most recent con- 
nection was with United Artists as 
Southern district manager, formerly 
was RKO branch manager in Phila- 
delphia and later manager there for 
Warner Bros. He also was assistant 
to Andy Smith when the latter was 
Eastern general sales manager for 

Cresson E. Smith continues in 
charge of the Western and Southern 

In Andy Smith's division, the dis- 
trict managers will be J. H. Mac- 
Intyre, Nat Levy, E. L. McAvoy and 
Leon M. Devaney. District managers 
in Cresson Smith's division include 
Walter Branson, L. E. Goldhammer, 
Harry Cohen and Robert Mochrie. 
Harry Michalson continues as short 
subjects sales manager. 

J. B. Brecheen, Atlanta branch 
manager, will return to head the 
Charlotte exchange. N. J. Colquhoun, 
Charlotte manager, will be trans- 
ferred to the Atlanta sales staff. C. 
W. "Ching" Allen, who has been 
Dallas manager, will be given a new 
assignment shortly after Sachs takes 

Depinet announced that these 
changes complete his realignment of 
he sales organization. 

A native of New York City, Andy 
»V. Smith began his career in the 
notion picture industry with Pathe 
n September, 1914, prior to which 
le was a newspaper reporter. From 
lis first job in the business, he rose 
•apidly to executive positions with 
lodkinson, First National, Warner 
Jros.-First National and, in 1935, 
>ecame vice-president of Vitagraph. 

Resigning from Vitagraph in July, 
1 936, Smith became general sales 

34 Parisian Theaters TVott? Open to 11 P. M. 

Paris (By Cable)— Thirty-four Parisian theaters are now open until 11 p.m. This 
total includes 24 newsreel houses. Of the remaining 10, eight are playing U. S. product 
two English pix. 

306 and Circuits Meeting 

Again to Pick Arbitrator 

(Continued from Page 1) 

of Local 306, operators union, to 
select a fifth arbitrator to sit on 
the board which will settle the cur- 
rent wage dispute will get under 
way this morning, it was learned 
last night. No deviation from the 
arbitration course will be under- 
taken by the circuits, with meet- 
ings to continue until a fifth arbi- 
trator satisfactory to both sides has 
been selected, it was stated. 

Reports circulating to the effect 
that a compromise was in prospect, 
which would make arbitration un- 
necessary, were emphatically denied 
yesterday by a circuit exec. 

One change has been made in the 
eroups now meeting, with Bert Pop- 
kin, former business agent of Local 
306, replacing Herman Gelber, re- 
cording secretary of the union, on 
the union arbitration board. 

Indie Circuit-Distrib. Impasse 
May Close Chicago Theaters 

(Continued from Page 1) 

tors to get together on new product 
deals may result in the closing of 
theaters because of a shortage of 
pictures, according: to Van Nomikos, 
president of the Van Nomikos Cir- 
cuit and vice-president of the local 
Allied unit. 

Nomikos said he would have to 
close some houses and extend the 
runs of the bigger features in other 
theaters unless an agreement could 
be reached. 

It was pointed out that the in- 
creased demand for percentage dates 
and higher rentals, which, Nomikos 
declares, the indies cannot meet, is 
causing the controversy. First pic- 
tures on the new programs are due 
to reach the screens of the larger 
independents by the end of this 
month and it is asserted that unless 
new program buying picks up in the 
next two weeks, a definite shortage 
faces the operators. 

Sid Dannenberg Recovers 

Cleveland — Sidney Dannenberg, 
head of the Warner Theater exploi- 
tation department, is back at his 
desk again after a six months' ill- 

DeVry Ad Head 

Chicago — A. P. Hollis, advertising 
manager of the DeVry Co., is con- 
fined to his home by a heart ailment. 
C. H. Roloff is pinch-hitting. 

manager of United Artists the fol- 
lowing October. He resigned last 
year and has been inactive until his 
appointment to RKO. Last Septem- 
ber he sailed for Europe where he 
spent several months, after which 
he married and went to Florida. 

Philippine Theaters Said 

Increasing; Taxes Worry 

(Continued from Page 1) 

for the past decade has been man- 
ager of the Philippine territory of 
the Western Electric Co. of Asia. 

Roth, accompanied by his wife, ar- 
rived in New York on the week-end 
from Manila. 

He described exhibition conditions, 
and the position of U. S. product in 
the islands as healthy, but handi- 
capped somewhat by the levy of sev- 
eral classes of taxes, many new pro- 
visions for which went in effect on 
July 1, last. 

Some confusion surrounds the in- 
terpretation of a number of the pro- 
visions, and close study is being giv- 
en to clarification of the clauses by 
the insular government. 

The corporation's taxes have been 
raised, Roth said, from six per cent 
to eight per cent. Increase has also 
been made on the fixed tax levied 
against every person engaged in 
business, boost having gone from 
two pesos to 10 pesos. The levy 
on cinema admissions from 20-29 
centavos is two centavos; 29-30, 
three centavos; 39-49, four centavos, 
and so onward until 99 centavos, 
when the tax is 10 centavos. 

Tax on film has been raised from 
three centavos per linear meter to 
five centavos, an upswing of approxi- 
mately one cent in U. S. currency. 

Roth said native production in the 
Philippines is making good headway, 
but demand is for U. S. pix heavily. 

Wis. Legislators' Special 
Session Holds Threat to Pix 

(Continued from Page 1) 

remaining in the general fund. For 
the purpose of drafting some kind of 
acceptable tax program, the legisla- 
ture has provided for the naming of 
an 18-man interim committee which 
is to report back at a special ses- 
sion, expected to be called in No- 

In view of chain theater, admis- 
sion and film taxes proposed but 
subsequently killed in the regular 
session of the 1939 legislature, it is 
quite probable that the special ses- 
sion will see tax proposals not ex- 
actly to the liking of theatermen. 

D-B Transfers Harpole 

Buffalo — Don Harpole, assistant 
manager of the Century here since 
it was taken over by Dipson-Basil 
interests, has been made manager 
of the Riviera. North Tonawanda, 
another D-B theater. 

Girden Out of Hospital 

Jules Girden, Warner home office 
executive, who has been ill at the 
Manhattan General Hospital for the 
past two weeks, was discharged over 
the week-end, and will convalesce at 


{Continued from Page 1) 

"exactly what the Neely bill is seek- 
ing to bring about for all pictures." 

The MPTOA prexy branded the 
Neely bill unworkable" and said pro- 
ducers could not possibly comply 
with its terms. He added he saw in 
it nothing affecting the morals of the 
screen nor did he feel it would have 
any effect on community choice of 

Kuykendall paid considerable at- 
tention to the theater's part in com- 
munity welfare and said, "The 
MPTOA, through its state units, can 
and should ask civic leaders to co- 
operate in making theaters com- 
munity assets and to protect them 
against unfair and discriminatory 
legislation and regulation." 

Westinghouse Compressor 
Meets Needs of Theaters 

(Continued from Page 1) 

department at a "preview" in the 
Hotel Astor's Rose Room yester- 
day. For equal capacity, the new 
16 cylinder, V-type, 1150 rpm unit 
is smaller, lighter and more efficient 
than previous commercial compres- 
sors, it is claimed. 

Installation of the new compres- 
sor is simplified by a refrigerant- 
cooled motor that requires no exter- 
nal ventilation. Small for its ca- 
pacity, the unit fits in corners or 
odd spaces ordinarily too small. The 
reduced weight, makes the compres- 
sor easier to handle and avoids the 
necessity of providing special foun- 

Maintenance expense is reduced 
by the hermetically sealed design 
that has no shaft-seal to leak. Ser- 
vicing is a simple operation since 
the entire operating mechanism can 
be exposed by removing the side 
plates from the crankcase. 

The 100-ton compressor is avail- 
able for use on 2 or 3 phase 60 
c^cle circuits for 208, 220, or 440 
volts. Standard magnetic "across- 
the-line" starters or step-type start- 
ers may be used, depending on local 
starting current limitations. 

Laughton for P. A. Tour 

West Coast Bureau of THE FILM DAILY 

Hollywood — Charles Laughton will 
make a personal appearance tour' in 
conjunction with his picture, "Ja- 
maica Inn," starting next week in 
New York. His tour will include six 

New M-G-M Pact for Douglas 

West Coast Bureau of THE FILM DAILY 

Hollywood — Melvyn Douglas has 
been signed to a new long-term con- 
tract by M-G-M as a result of his 
work in "Ninotchka." 

Mark E. Bruce Dead 

Stevens Point, Wis.— Mark E. 
Bruce, 81, local exhibitor for 13 
years, is dead here. He is survived 
by three children. 




TORN From the HEART 
of a SOLDIER/ ^ 




: i. ■ 

17ZNOARO Franchise 



Holde rS 

York, N. Y. 
World Pictures W- Boston Mass. 

Imperial Pictures, inc..- _ .chicagP, ««- 

Special Attractions ■• p . ttsburgh> Pa. 

Monarch Pictures Co.. • ■ c , eweUnd| 0. 

dependent Filn, Serv.ce .^ AngeiesCa , 

Majestic Distribute ^ 

Features D'srr ^ FranCls co, Ml. 
Detroit, Mich. 

Excellent Pictures Corp ^^ N y . 

F. C. Pictures Corp ^ Haven , Conn. 

Jmperial Pictures, »« c - Cincinnati, 0. 

^dependent Film Serv.ce..- ■ ^^ ^ 

Texas Film Co "Albany, N- Y - 





^^pircctcd by Maurice Elvey 


AH Star 




F. C Pictures Corp ^ ^ 

Superior Pictures, Inc.- ^^ 

cilm Exchange 
Mercury Film | nd ianapo 

Superior Pictures, Inc -^ ^^ u 

Atlantic Pictures .. Milwaukee , Wise 

Superior Pictures, >nc MempWs , Tenn 

Texas Film Co...--_ c . lty> Utah 

Mercury Film ^change -^^ ^ ^ 

Texas Film Co .. . ■ _ Washin gton, D- C 

lm perial Pictures Corp-- ^^ Qre 

Feature Film Exchange ^^ ^^ 

General Film Co 


SSS5?»o KS5t > : 






R K O Building 
1270 Sixth Ave. 

Tel. COIumbus 5-6345 
New York, N. Y. 





p unn 


S T 

Intimate in Character 
International in Scope 
Independent in Thought 


v / 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

V "j 76, NO. 71 



Ontario's IT A Will Continue Clearance Negotiations 


Nazis Preparing to Engage in Argentine Production 

The Jubilee 

major accomplishment 


THIS industry's penchant for talking in 
terms of millions occasionally permits a 
far less pretentious achievement to escape 
with passing mention and scant credit, de- 
spite the fact that, by comparison, it would 
stand sharply defined as a major accomplish- 

With that much of a preamble, a few 
words this morning about what the sub- 
committee of the Advertising Advisory 
Council — William Ferguson of Metro, Harry 
Goldberg of Warners, Lou Pollock of Uni- 
versal, Ben Grimm of RKO Radio and the 
MPPDA's Ken Clark, Lester Thompson and 
Joel Swenson — has done to make the coun- 
try Golden Jubilee conscious. 

It should be no secret that the Jubilee 
campaign was a brainchild of the Hays 
Office; further, the 50th Anniversary Manu- 
al was prepared by the Hays Office, and to 
the extent that the publicity was co- 
ordinated and cleared through the MPPDA, 
the responsibility for its success or failure 
rested primarily upon Clark as chairman. 

WISELY, the sub-committee determined 
to conduct the campaign on a volun- 
tary basis. There was no high-pressure 
selling; instead, the Jubilee, through the 
manual, was permitted to plead its own 
case, and this it did to a large proportion 
of the 17,000 exhibitors whose co-operation 
was sought. 

Showman approach to the Jubilee took a 
variety of forms, and the very fact that 
each locality was left to handle its own 
campaign in its own way was an important 
factor. For one thing, it was a spur to 
ingenuity. For another, it furthered a sense 
of industry unity, as letters from exhibitors 
appreciative of Hays Office interest elo- 
quently testify. Perhaps the fact that in 
this instance there was no charge for ser- 
vice had something to do with that. 

The news columns have reported circuit 
and theater Jubilee activities, and radio and 
newsreel participation has been chronicled 
as well. Television will give the Jubilee 
its own boost on Friday when NBC tele- 
casts from a replica of the interior of the 
(Continued on Page 2) 

German Envoy Reported Com- 
pleting Financing Setup 
in Berlin 

Buenos Aires (By Cable) — Nazis, 
either through the financing of na- 
tive producers or the establishment 
here of a German-owned producing 
company, are preparing to engage 
in Argentine film production. 

Arrangements for financing will 
be completed before Herr Von Thael- 
mann, German ambassador, returns 
from Berlin, it is understood. Proj- 
ect, it is said, has the warm back- 

(Contintied on Page 3) 


Philadelphia — Allied Independent 
Theater Owners of Eastern Penn- 
sylvania, national Allied affiliate, 
yesterday called a mass meeting of 
all indies in the territory here Fri- 

Session will be concerned speci- 
fically with the double feature ques- 

(Continued on Page 7) 

SAG Air Show to Switch 

to East in Nov. or Dec. 

Screen Actors' Guild-Gulf show 
will switch to New York for several 
broadcasts sometime in November or 
December to give film stars now on 
Broadway a chance to appear in 

(Continued on Page 7) 

Fred Pelton, Labor 
Contact for AMPP 

West Coast Bur., THE FILM DAILY 
Hollywood — Fred Pelton, who recently 
returned from London where he was 
business manager for M-G-M, has been 
appointed as labor contact for the AMPP. 
It is strongly reported that William R 
Walsh, Sr., Los Angeles NLRB attorney, 
who is on vacation till Oct. 21. will re- 
sign his present position to join AMPP 
as a legal aide on labor problems. Pat 
Casey, veteran labor contact for the 
producers will continue with the organi- 
zation but is expected to spend an in- 
creased amount of time in New York. 


West Coast Bureau of THE FILM DAILY 

Hollywood — That between 310 
and 320 writers are now working in 
major studios and that there has 
been only as light reduction in num- 
ber of writers employed, was the 
statement made by President Charles 
Bracket following a meeting of the 
Screen Writers Guild. 

He also declared there has been 

(Continued on Page 7) 

Arthur Silverstone Named 
Asst. UA East. Sales Mgr. 

Arthur Silverstone, former gen- 
eral sales manager for United Ar- 
tists in Great Britain, has been 
named assistant eastern general 

(Continued on Page 6) 

FPC Execs. Proposal for Provincial 
Test of Clearance Board is Rejected 

See No Stage Play Backing 

Flood by Film Industry 

Although the Dramatists Guild's 
revised basic contract for the sale 
of plays to film producers on a roy- 
alty basis has been ratified in prin- 

(Continued on Page 7) 

FILM DAILY Staff Correspondent 
Toronto — Feature of the well at- 
tended annual convention of the In- 
dependent Theaters Association of 
Ontario at the King Edward Hotel 
here yesterday was receipt of a re- 
port from the special Anti-Protection 

(Continued on Page 7) 

Thomas Decides Against In- 
troducing Amendment to 
Neutrality Act 

Washington Bureau of THE FILM DAILY 

Washington — Threat of Federal 
censorship of war films faded yes- 

Sen. Elmer Thomas, D., Okla., last 
night told The Film Daily that he 
would not introduce his proposed 
amendment to the pending Neutral- 
ity Act establishing a censorship 

The proposed legislation had 
caused considerable concern in the 
film industry. Under the terms of 

(Continued on Page 3) 


"Gulliver's Travels" and "The 
Gay Days of Victor Herbert" defi- 
nitely will be Christmas and New 
Year's releases, respectively, on the 
Paramount schedule, both backed 
by an intensive national advertising 
campaign, Neil Agnew, general 
sales manager, announced yesterday. 

However, only a limited number 
of prints on "Gulliver's Travels" 

(Continued on Page 6) 

Liberty Magazine's Short 
Short-Stories for Para. Series 

In a tie-up with Liberty Mag- 
azine, Jerry Fairbanks and Robert 
Carlisle, of Scientific Films, will pro- 
duce a series of shorts adapted from 
Liberty's short short stories for 
Paramount release. Each one-reeler 

(Continued on Page 7) 

"Chips' " 6th Month 

"Goodbye, Mr. Chips" celebrates its 
sixth month at the Astor Theater, Broad- 
way, on Sunday evening, thereby eclipsing 
the record previously set by "Pygmalion." 
More than 700,000 persons have seen 
the picture during its Broadway run 
where it has been playing on a popular 
price continuous policy. 



Wednesday, October 11, 1939 

Vol. 76, No. 71 Wed., Oct. 11, 1939 10 Cents 


: Publisher 

DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau. Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms ("Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118, 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. Hollywood, 
California— Ralph Wilk, 6425 Hollywood 
Blvd., Phone Granite 6607. London — Ernest 
W. Fredman, The Film Renter, 127-133 War- 
dour St., W. I. Paris— P. A. Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
soulan (12). Mexico City — Marco-Aurelio 
Galindo, Depto. 19, 5A, Dr. Lucio No. 102, 
Mexico, D.F. Buenns Aires — Chas. de Cruz, 
Heraldo Del Cinematografista, Corrientes 1309. 



Am. Seat 

Col. Picts. vtc. (2l/ 2 % 
Columbia Picts. pfd.. 

Con. Fm. Ind 

Con. Fm. Ind. pfd. . . . 

East. Kodak 

do pfd 

Cen. Th. Eq 

Loew's, Inc 

do pfd 


Paramount 1st pfd.. . 
Paramount 2nd pfd.. 

Pathe Film 


20th Century-Fox 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros 

do pfd 

High Low Close Chg. 

lH/g ll'/g 11 1/ 8 

) 7S/ 8 VA 75/g — Va 

'lV 4 li/ 4 VA '.'.'.'.'. 

8% 87/ 8 8% + V 4 
154i/ 2 153V2 1531/2 + 1/2 

11 1054, 10% + % 
343/ 4 33 y 2 3434 _ % 

'm 7% '7% — "i/ 4 

8% 87/ 8 


lH/4 10% lH/4 + 5/ 8 

15/8 11/2 15/s 

141/2 14% 141/4 — l/ 4 

24 24 24 

65 65 

41/4 4% 

65 +3 


Keith B. F. ref. 6s46.100 100 100 — i/ 2 
Loew's deb. 3i/ 2 s46.. 97 97 97 — i/ 2 

Para. B'way 3s55... 47 46l/ 2 46% 

Para. Picts. 6s55 

Para. Picts. cv. 3 l/ 4 s47 80% 80% 80%+ % 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 


Monogram Picts 1 1/4 1 % 1 % + % 

Sonotone Corp 1 % 1 % 1 % 

Technicolor 11% H 5 / 8 11%+ % 


Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd 100% .... 

Fox Thea. Office Bldg. 1st '46 4 6 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45. 63 66 
Roxy Thea. Bldg. 4s 1st '57 58% 61 % 



Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


The Jubilee 

major accomplishment 

(Continued from Page 1) 
historic Black Maria of Edison, while in 
November, Children's Book Week ties in. 

^"NBVIOUSLY, the objective in each in- 
^^ stance has been and remains publicity. 
What, then, has been accomplished thus 
far? Well, in the sub-committee's head- 
quarters are two giant scrapbooks already 
filled with clippings from newspapers and 
magazines. You may read more than 150 
editorials and columns; you may read mag- 
azine articles and features appearing in 
representative periodicals; you may view roto 
layouts; you may scan special sections. 

And how many hundreds of thousands 
were appropriated for this campaign, you 

Well, the budget was exactly $1,200 . . . 
and every last cent went for printing and 

You might re-read the first paragraph. 

Equity Demands Week's Pay 
for One Tele Appearance 

A full week's salary must be paid 
to all members of the cast of Max 
Gordon's Broadway musical, "Very 
Warm for May," who appear on 
NBC's television show tonight, an 
Equity official stated last night. Gor- 
don's office considered the scale high, 
but did not make an appeal before 
the Equity Council which met yes- 
terday afternoon. 

Equity, which claims jurisdiction 
of television, has agreed to form a 
committee composed of Equity, 
AFRA and Screen Actors' Guild 
representatives to administer the 
field for six months. Agreement has 
not been formally signed and it was 
reported that, because of this, the 
Gordon office was not able to contact 
authorized union officials. However, 
as no appeal was made to the Equity 
Council, the full scale will be in 

Dufaycolor Seeks Time 

in Which to Raise Capital 

Dufaycolor Co. Inc., yesterday 
filed a petition for an arrangement 
in the Federal Court in which it 
listed liabilities of $518,197 and as- 
sets of $119,717. The petition pro- 
posed an arrangement under which 
unsecured creditors are to receive 
three per cent promissory notes, 
five per cent of which will be paid 
in six months, and 95 per cent in 
three years. 

Additional time to pay creditors is 
required, the petition said, in order 
to raise $500,000 in additional work- 
ing capital. 

Denies Stoneman Application 

New York Supreme Court Jus- 
tice Lloyd Church yesterday denied 
an application of David Stoneman 
to examine Stephen A. Lynch be- 
fore trial. Stoneman, Boston at- 
torney, claims $250,000 as legal ser- 
vices from 1933 to 1936 in repre- 
senting Lynch's interests in the 
Paramount reorganization proceed- 

CIO Local Fails to Get 

Vote In Bronx Election 

In an election ordered by the State 
Labor Relations Board for ushers, 
doormen and cashiers of the Frank- 
lin and Orient theaters in the Bronx 
at the request of Local 258, CIO, by 
petition, the local failed to get a 
vote as bargaining agency, it was 
reported yesterday. 

It was reported that all the the- 
ater employes who voted in the elec- 
tion have now been signed by Local 
B-170, newly chartered IA union in 
the Bronx to cover theater employes 
not already in recognized IA unions. 
The new Bronx local and the new 
Manhattan local will elect officers 
this week. 


W. Kahn, Sales Manager 
for Film Alliance of U. S. 

Henry W. Kahn has been appointed 
general sales manager of Film Al- 
liance of the United States, recently 
formed to distribute English and 
French pictures in the U. S. Ap- 
pointment was announced by Harry 
Brandt, vice-president. 

Kahn for a number of years was 
general sales manager in Continen- 
tal Europe for 20th Century-Fox. 
He also was M-G-M's manager in 
Berlin and prior to that was branch 
manager in several key cities. Kahn 
leaves shortly on a tour of ex- 
changes handling Film Alliance prod- 

December Trial Ordered 

for William Fox Action 

Trial of a suit for $1,250,000 dam- 
ages against William Fox brought 
by Lexington Ave. and 59th St. 
Corp. was ordered for Dec. 27 yes- 
terday by New York Supreme Court 
Justice Isador Wasservogel. 

Suit claims breach of an agree- 
ment by Fox Theaters Corp. to erect 
a theater and office building on the 
plaintiff's property. Fox Theaters 
Corp. and Milton C. Weisman were 
dropped as defendants after they 
had settled out of Court. 

Services Today Precede 

Walter Hayner Interment 

Services preceding the interment 
of the late Walter Hayner, sales 
manager of Regal Films, Toronto, 
will be held today at 3:30 at Camp- 
bell's Funeral Home, 81st St. and 
Madison Ave. Hayner died Satur- 
day and his body was brought here 
for burial, which will take place in 
Fresh Pond Cemetery, Middle Vil- 
lage, L. I. Surviving are his widow 
and a daughter, Margaret. 

S-l After Story Material 

Selznick International intends to 
continue its search for story mate- 
rial for its three stars, Vivien Leigh, 
Ingrid Bergman and Joan Fontaine, 
with David O. Selznick to confer 
here with Kaye Brown, story editor, 
on properties lined up when he ar- 
rives from the Coast in December. 

com sno ana gomg 

HARRY L. COLD, vice-president and Eastern 
general sales manager for United Artists, has re- 
turned to the home office after a Southern trip. 

ROBERT SMELT2ER, Warners' central district 
manager, was in New York yesterday for Jjome 
office conferences. /2ffiik 

JAMES R. GRAINGER, Republic prex^and 
sales chieftain, returns to New York today from 
a business trip. 

EMANUEL J. STUTZ, managing director of the 
Sonotone Theater, Chicago, is here for a few 
days stay. 

have returned to their New York office after 
inspecting their theater properties in Virginia. 

JACK MOSS, Paramount producer, STUART 
and other Para, execs, from the studio have 
arrived in Albany, Ca., to film a new picture 
entitled "The Biscuit Eater." 

HARRY REVEL is here from the Coast. 

J. J. MILSTEIN is due in today from Holly- 
wood after a brief visit there. 

SAM SAX left for Hollywood last night. 

LANCHESTER, arrive here Monday from the 

MAUREEN O'HARA arrives here Sunday from 

ELISE KNOX, model, leaves for Hollywood 
shortly to start work for 20th-Fox under a long- 
term contract. 

RAYMOND MASSEY and his wife have returned 
from Hollywood. 

PAUL VINCENT CARROLL, dramatist, is ex- 
pected here late this month from England. 

EDWARD EVERETT HORTON arrives here Sat- 
urday from Hollywood. 

RICARDO CORTEZ has arrived from the Coast 
for a three-month stay. 

ROBERT S. BENJAMIN, of the firm of Phillips 
& Nizer, flew to the Coast yesterday on busi- 

John Minhinnick Dead 

Montreal — Manager of the Grand 
Theater, London, Ont., until his re- 
tirement three years ago, John R. 
Minhinnick, veteran theater man, is 
dead. For many years personal rep- 
resentative of the late Ambrose J. 
Small, he was in 1922 appointed di- 
rector of Trans-Canada Theaters 
which acquired Small's interest but 
continued the management of the 
Grand theater. 

There's Always 

When in doubt turn to 
BOOK for your informa- 

1940 Edition now in 

FILM YEAR BOOKS are given free to 
all subscribers of 

1501 Broadway New York City 

Wednesday, October 11, 1939 



(Continued from Page 1) 

the bill tentatively drafted by 
Thomas, not only would newsreels 
have been affected but all Holly- 
wood films with a war theme or 

ii'is decision to forego sponsor- 
ship of the measure, Thomas said, 
resulted from the voluntary co-op- 
eration he had noted on the part of 
the film industry. 

%J % \ DAILY 

Goldsmith Will Report 

on Tele at SMPE Meet 

SMPE's television committee, of 
which A. N. Goldsmith is chair- 
man, will report on tele's status at 
the society's Fall convention which 
opens at the Hotel Pennsylvania on 
Monday. Report will be delivered 
at Wednesday afternoon's session at 
which R. L. Campbell of the Allen 
B. Du Mont Laboratories will speak 
on "Television Control Equipment 
for Film Transmission." 

Tentative program for the con- 
vention sessions was made public 
yesterday. Promising - to hold un- 
usual interest are these three dem- 
onstrations Monday at the World's 

"Three Dimensional Motion Pic- 
tures," J. A. Norling, Loucks & 
Norling, Inc., in the Chrysler Audi- 
torium, 8 p.m. 

RCA television demonstration, 
RCA Exhibit, 9 p.m. 

Two-channel recording and repro- 
duction with steel tape demonstra- 
tion, AT&T Building, 9:45 p.m. 

ASC Members Vote Against 
Merging with Local 659 

West Coast Bureau of THE FILM DAILY 
Hollywood — Members of the 
American Society of Cinematogra- 
phers have voted against merging 
with Local 659 which is an affiliate 
of the IATSE organization. ASC 
members are on record as being 
agreeable to accepting membership 
limited to directors of photography 
if they can obtain a charter. They 
are in favor continuing ASC as an 
independent body. 

Best wishes from THE FILM DAILY 

to the following on their birthdays: 


Lillian Hackett Maurice Pivar 

• • • DON'T look now but it appears that Benjamin Frank- 
lin is about to be glorified which is to say that this great Amer- 
ican's life story is screen-bound reportedly by the Warners 

who have already, 'tis said assigned Edward G. Robinson 

to play the role of Franklin The Warner move must be charac- 
terized as sensational in that it promises to end one of the most 

baffling of all mysteries Why hasn't the story of Franklin ever 

reached the screen as a biographical saga? For if there was 

ever marvelous Hollywood material it's the life of Franklin 

• • • IF Mr. Gallup ever held a nation-wide poll to de- 
termine the three greatest Americans of all time it would 

probably end up with the Philadelphia printer in a photo 

finish with Washington and Lincoln But that's just dealing 

in futures The fact is that currently Benjamin Frank- 
lin's spirit will have to be as philosophical as was once the Frank- 
lin flesh and take with resignation the unusual state of affairs 

which has prevailed heretofore 'mongst pix producers That 

unusual situation is just that Hollywood hasn't gotten around to 
Ben occupied as it has been with P. T. Barnum, Gus Ed- 
wards, Jesse James, Buffalo Bill, and other romantic and ad- 
venturous figures 

• O • NOT the least exciting in the report that the Warners are 

goin' to frankly do Franklin is. the assignment of Robinson to the 

lead The idea is much more logical than it sounds on the surface 

What oft appears to be "daring" casting turns out to be 

smart casting Witness, for example, the case of Charles Bickford 

in Monogram's "Mutiny In the Big House" Bickford, one of filmdom's 

most efficient tough-guy-character specialists checks-in with a 

beautiful performance as the prison chaplain and helps make 

the picture memorable As for the melodrama itself take ol' 

Phil's tip it packs a b.o. wallop The preview audience yes- 
terday morning at the Little Carnegie was held tense to the 

fade-out Yep, there's a real thrill ahead for exhibs when 

they count up after this one from Ray Johnston's studio 

• 9 • CONGRATS galore to M-G-M's Robert R. (Bob) 

Wilkes upon whom has been conferred the Gold Service 

Medal of the Grand Lodge of Masons of the State of New York 

by his home lodge Cornucopia, Flushing, L. I the bestowal 

being rare in fact only to those who have been Masons for 

50 years and who have done notable services for the craft 

• • • EXECUTIVES and department heads of Radio City Music 

Hall were hosts yesterday at a surprise birthday party luncheon 

for managing director W. G. Van Schmus present were G. 

S. Eyssell, Leon Leonidoff, Erno Rapee, Russell Markert, Florence Rogge 

Hattie Rogge, Gene Snyder, Hazel Flynn, Eugene Braun, Robert 

Henderson Bruno Maine, Marco Montedoro, Fred A. Cruise, and 

Willa Van, all members of Mr. Van's "Music Hall Family" 

« « « 

» » » 


(Continued from Page 1) 

ing of the German Ministry of Pro- 

Stories to be made here will have 
a strong political flavor. One fea- 
ture will concern Rozas, Argentine's 
dictator; another will center around 
Lopez, Paraguayan director, and a 
third will spotlight Sandini, the 
Nicaraguan revolutionary. 

Films, while designed to play upon 
the patriotism of Latin-American 
audiences, will contrive nevertheless 
to glorify dictators and, in the in- 
stance of the Nicaraguan story, 
cynically assail American democracy. 

Present plan, as disclosed here, 
calls for the use of Latin-American 
players and some native technicians. 
Directors and cameramen may find 
their way from Germany, it is in- 

Producers Corp, of America 
Formed; to Make 8 Features 

West Coast Bureau of THE FILM DAILY 

Hollywood — Producers Corporation 
of America has been formed and will 
make eight feature pictures. The 
first will go into production the mid- 
dle of December and will be made 
from Adela Rogers St. Johns' novel, 
"Kingdom Come," and will star John 
Charles Thomas, the famous bari- 

Heading the new producing com- 
pany is George Green. Other officers 
are: Carl Winston, vice-president; 
Howard Levi, treasurer, and Harry 
Sokolov, secretary. 

The company is independently 
financed. It has not as yet made 
any releasing arrangements. 

Six Up-state Towns Will 
Get Premieres of "Drums" 

Six "world premieres" of "Drums 
Along The Mohawk" will be staged 
simultaneously by 20th-Fox on Nov. 
2 in six towns in New York's Mo- 
hawk Valley. Multiple premiere 
policy was decided on due to re- 
quests from a number of up-state 
towns that bid for the premiere. A 
group of players will be brought 
East from the studio for p.a.'s in 
each town. 

Theaters and towns where picture 
will open are as follows: Palace, 
Albany; Proctor's, Schenectady; 
Rialto, Amsterdam; Glove, Glovers- 
ville, Olympic, Utica; and the Cap- 
itol, Rome. 

Defense Wins Point 
in Erie Trust Suit 

Pittsburgh — Erie State Theater Corp., 
plaintiff in a recently filed anti-trust 
suit against a dozen Erie theaters and 
the majors, was directed to file a more 
specific statement of claims on a de- 
fense motion argued in Federal Court 
here yesterday. The Court granted the 
plaintiff 10 days. Suit seeks $450,000 


Cpa ramount 




''"'""Z ""£■ '."'. 

f % 


Hartford, Allyn Theatre — 30% 
above average . . . Held over 
for a second week, of course! 


New Orleans, Saenger — 40% 
above average, outgrossing 
Beau Geste" and "Union 
Pacific." Carried over for a 
continued run! 


New York Paramount — First 
week $59,000 . . . Second week 
—$54,000 . . . (the biggest sec- 
ond week in seven years). ..Held 
over for a third week, of course! 



Kansas City, Newman Theatre — 
30% above average.. .Held over 
for a second week, of course! 



Newark Paramount — First 
week — 30% above average 
. . . Second week — $100 more 
than first week . . . 


New Haven Paramount — First 
week 35% above average . . . 
Held over for a second week, 
of course! 


Philadelphia, Fox Theatre — 
Out-grossing "Spawn of the 
North," "Sing You Sinners," 
"Man About Town." 



Wednesday, October 11, 1939 

•Sr ft R€VI€UJS Of TH€ HCUI fILmS ft ft 

"Mutiny in the Big 

with Charles Bickford, Barton MacLane, 

Pat Moriarity, Dennis Moore 

Monogram 83 Mins. 


Here is a rousing prison drama. The 
wallop it packs commends it to every type 
of audience liking excitement, suspense, ex- 
cellent acting, and lots of human interest. 
The central figure in the deftly fashioned 
screenplay is Charles Bickford, in the role 
of the prison chaplain, — a far cry from the 
"tough guy" characterizations which have 
been both his lot and speciality in the past. 
As the zealous priest, unflaggingly inter- 
ested in only one objective, — the rehabilita- 
tion of human beings because he is respons- 
ible to their Maker for their souls, — Bick- 
ford knows men, and is respected by virtu- 
ally every convict in the "big house." Only 
one, Barton MacLane, is uncompromisingly 
opposed to the spiritual and sociological 
assistance which Father Joe, as Bickford is 
known, is anxious to extend to the indi- 
vidual convict, regardless of the magnitude 
of the crime which placed him behind prison 
bars. Thus the film deals with the basic 
theme of good and evil. Barton MacLane 
does a bang-up job as the convict who is 
difficult to reclaim from the ranks of the 
habitually criminal. At the finale, it is Mac- 
Lane who leads the prison break in which 
guards are killed, and which is shattered 
only through Bickford's bravery. Another 
key figure in the drama is Dennis Moore, 
who is sent to the pen for a stretch out 
of all proportion to the crime committed. 
He is the "prize" over which Bickford and 
MacLane struggle, — the former to save him, 
and the latter to make him an uncom- 
promising enemy of society. There is not 
a woman in the cast of this film, but withal 
it is a general audience picture. Producer 
Grant Withers wastes no time with tinsel 
love themes, but goes after the story ham- 
mer and tong, and that is the secret of the 
footage's punch and virility. William Nigh's 
direction is tip-top, and Harry Neumann's 
photography of a high order. This is a 
powerful picture, and one of the best yet to 
appear under Monogram's banner. 

CAST: Charles Bickford, Barton MacLane, 
Pat Moriarity, Dennis Moore, William Royle, 
George Cleveland, Charlie Foy, Russell Hop- 
ton, Jeffrey Sayre, Eddie Foster, Jack Daley, 
Dave O'Brien, Wheeler Oakman, Charles 
King, Nigel de Brulier, Merrill McCormick. 

CREDITS: Associate Producer, Grant 
Withers; Director, William Nigh; Author, 
Martin Mooney; Screenplay, Robert D. An- 
drews; Sound, Karl Zint; Cameraman, Harry 
Neumann; Editor, Russell Schoengarth; Tech- 
nical Director, E. R. Hickson. 


Cohen's Belle to Build 

Belle Theaters, Inc., has acquired 
a site for a new theater at 12 to 16 
W. 116th Street, it was announced 
by Max A. Cohen, treasurer of the 
circuit. Plans are under the super- 
vision of Thomas W. Lamb, archi- 
tect, calling for a 1,000-seat house. 

"U-Boat 29" 

with Conrad Veidt, Valerie Hobson, 

Sebastian Shaw 

Columbia 77 Mins. 


Columbia should reap a golden harvest 
of box office coin with this release. Not 
only does it capitalize fully on newspaper 
headlines in its timeliness, but the film is 
a first-rate piece of entertainment to boot. 
The world is submarine conscious right now 
and Columbia gives the exhibitor a highly 
exploitable picture at the right time to 
capitalize on it. The cast, headed by Con- 
rad Veidt as the German sub commander, 
is excellent. Valerie Hobson gives a fine 
performance as an English counter-espion- 
age agent, and Sebastian Shaw is good as 
her accomplice. Veidt deserves special 
mention for his portrayal, as it is perfect- 
ly done in every respect. He will make 
an audience sorry for him when he meets 
death. Veidt and his sub. are assigned to 
a secret rendezvous in the Orkney Islands 
near the home base of the British grand 
battle fleet. He has instructions to meet 
a spy there who will give him his orders. 
The British intelligence substitute a counter 
agent for the spy Veidt is to meet when 
they uncover the plot, but their plans go 
off so well he is perfectly assured he has 
contacted the right party. Veidt discovers 
that a British officer in disgrace Shaw, is 
in the hands of his spy, and he will reveal 
the plans of movements of a big squadron 
of battle cruisers. Veidt is told the plans, 
contacts his submarine crew and arranges 
for them to gather about 15 other subs in 
one spot to slaughter the English ships. 
However, he accidentally learns he has 
been tricked and runs for it. He escapes 
from the island on a small steamer, but 
after capturing the boat with the aid of 
some German prisoners on board he is sunk 
by his own submarine before he has a 
chance to warn them of the approaching 
fleet of destroyers bent on destroying the 
subs. Valerie, who is also on the boat, 
escapes in a lifeboat, but Veidt goes to 
his death on the captured boat as the de- 
stroyers arrive and wreak havoc with the 
sub fleet lured to their doom by the clever 

CAST: Conrad Veidt, Valerie Hobson, 
Sebastian Shaw, Marius Goring, June Du- 
prez, Athole Stewart, Agnes Laughlin, Helen 
Haye, Cyril Raymond, George Summers, Hay 
Petrie, Grant Sutherland, Mary Morris, Rob- 
ert Rendel, Margaret Moffatt. 

CREDITS: Produced by Irving Asher; 
Director, Michael Powell; Screenplay, Emeric 
Pressburger; Cameraman, Bernard Browne; 
Editor, Hugh Stewart. 


Will Meet In New York 

Allied of New Jersey will hold 
its next luncheon meeting on Oct. 
16 in New York instead of Newton 
as previously announced. 

It's "Shooting High" 

West Coast Bureau of THE FILM DAILY 
Hollywood — That Jane Withers- 
Gene Autry starrer for 20th-Fox 
will be dubbed "Shooting High" in- 
stead of "Jubilo." 

"The Return Of The 

with Gordon Harker, Una O'Connor, Rene 

Ray, Hartley Power 
Select Attractions, Inc. 70 Mins. 


Based on an Edgar Wallace story, this 
detective thriller will hold the attention 
of the meller fans from start to finish. 
Packed with suspense and hokum, plus 
plain old fashioned murder, there is action 
aplenty. The cast is good and the story 
has been weil handled to keep the sus- 
pense heavy from start to finish as the 
fiendish criminal known as the Frog pur- 
sues his career of crime. Gordon Harker 
impersonates the well known Scotland 
Yard detective, Inspector Elk. Una O'Con- 
nor, Rene Ray and Hartley Power support 
Harker ably. Elk is detailed to put an 
end to the Frog and his gang. He be- 
lieves that the Frog is known to Una 
O'Connor and he watches her establish- 
ment closely. Harker successfully escapes 
several death traps set for him by the 
criminal and finally stumbles on his head- 
quarters, where the activities of the gang 
are directed by television. Harker, using 
the television set, traps the entire gang, 
with the Frog killed in the ensuing battle. 

CAST: Gordon Harker, Rene Ray, Una 
O'Connor, Hartley Power, Cyril Smith, 
Charles LeFeux, Charles Carson, George 
Hayes, Aubrey Mallalieu, Meinhardt Maur. 

CREDITS: Director, Maurice Elvey; 
Screenplay, Ian Hay; Based on an Edgar 
Wallace Story; Cameraman, George Stret- 
ton; Editors, Peggy Hennassey and A. Jaggs. 


"Gulliver's Travels" Prints 
for Christmas are Limited 

(Continued from Page 1) 

will be available for Christmas 
dates, but additional prints will be 
in the exchanges to handle New 
Year's and early January bookings, 
Agnew said. 

"Gulliver" will be exploited 
through a $210,000 advertising ap- 
propriation in newspapers and mag- 
azines, including Liberty, Saturday 
Evening Post, Collier's, Life and 
Look. Key cities will be covered 
by a field staff of exploiteers who 
will also work closely with the 100 
merchandising tie-ups which have 
been made through licensed manu- 

Arthur Silverstone Named 
Asst. UA East. Sales Mgr. 

(Continued from Page 1) 

sales manager of the company, un- 
der Harry Gold, who announced the 
appointment. Silverstone, who is a 
brother of Murray and Emanuel Sil- 
verstone, recently returned to the 
U. S. after spending 16 years 

Gold yesterday returned from a 
trip through the southern territory. 


"The Demon Barber Of 
Fleet Street" 

with Tod Slaughter, Eve Lister, Bruce Seton 
Select Attractions, Inc. 67 Mins 


Murder is commonplace in this new 
chiller and the mystery fans should go for 
it in a big way. The diabolical career 
of the "Demon Barber" is calculated to 
give gooseflesh to the most hardened movie 
goers as he pursues his pleasant pastime 
of slitting throats. Tod Slaughter, aptly 
named for the part, gives the role plenty 
of oomph. Eve Lister makes an attractive 
heroine in the villain's clutches and Bruce 
Seton fills the hero role capably. Slaughter, 
a barber, adds to the family fortunes by 
disposing of wealthy "clients" who come 
off boats. He is determined to marry 
Eve, whose father is under his influence 
Seton, her sweetheart, returns from a long 
cruise and Slaughter attempts to finish 
him off, but fails. In despair, he sets 
fire to his shop and expects to burn Eve 
to death with himself. However, Seton 
comes to the rescue and the day is saved, 
with the villainous Slaughter dying a hor 
rible death in the flames. 

CAST: Tod Slaughter, Eve Lister, Bruce 1 
Seton, Davina Craig, D. J. Williams, Jerry r- 
Verno, Stella Rho, Johny Singer, Ben Sou- 
ten, Billy Holland, Norman Pierce. 

CREDITS: Director, George King. 



Nat'l Press Club to Give 
Luncheon for Frank Capra 

Washington Bureau of THE FILM DAILY 

Washington — Frank Capra yes- E 
terday accepted the invitation of 
the National Press Club to attend , 
the world premiere of Columbia's 
"Mr. Smith Goes To Washington," 
which the Press Club will sponsor 
in Constitution Hall, Washington 
next Tuesday. 

Capra will be guest of honor at 
a luncheon tendered him by the 
Press Club on the day of the pre 
miere. Newspapermen from New 
York, Boston, Philadelphia and Bal- 
timore will come to the Capital foi 
the premiere and other activities. 


Essaness Closes with 20-Fox; 
May Break Chicago Deadlock 

Chicago — Essaness circuit has 
signed with 20th Century-Fox for 
its new season product. Action is 
expected to break the independents' 
deadlock here on signing for new 

Chicago indie circuits and the dis- 
tributors had previously failed to 
get together on new season deals 
and the possibility loomed that such 
circuits might have to close manyt: 
of their theaters due to inability to f 
obtain pictures. Present Essaness 
20th-Fox deal is held likely to bef:? 
followed by other indie circuits 




^Wednesday, October 11, 1939 




(Continued from Page 1) 

league Committee recently formed 
BO bring about a national clearance 
))oard -for Canada. 

Tr, committee reported it has 
jeenlTT conference with N. L. Nath- 
mson, president, and J. J. Fitzgib- 
fSons, vice-president of Famous 
flayers Canadian, and these two ex- 
ecutives have stated they were will- 
ing to sit in with the independents 
||;o discuss clearances and priorities 
[livith a view to amending them. 

Pointing out the difficulties of such 
fm experiment on a Dominion-wide 
':"ront, Nathanson and Fitzgibbons 
suggested first trying out the plan 
'or Ontario alone. They also said it 
night be legally impossible to in- 
:orporate the clearance schedule into 
me Canadian license agreement. 
5 The convention, after discussion, 
instructed the special committee to 
continue negotiations with Famous 
• l3 layers representatives, pointing out 
3 hat it was inexpedient to restrict 
11 he activities of the proposed na- 
tional clearance board to a provin- 
cial front. 

The committee was enpowered to 
nursue the situation as it deemed 
pest but advised of the importance of 
iticking to the original APL plat- 
form which calls for a board with 
lational authority. If this could not 
ji>e achieved by negotiation, the con- 
tention declared there would be no 
ilternative but to proceed with the 
dan of calling for action by the Fed- 
;ral governmental authorities. 

Officers for the ensuing year were 
dected as follows: H. Alexander, 
president; N. A. Taylor, vice-presi- 
dent; Tom Walton, treasurer; M..L. 
Axler, secretary. Board of directors 
ilso includes Sam Ulster, H. Fire- 
stone, A. Polakoff, Ben Ulster, J. 0. 
•ocott and Harold Kay. 

Jrake Appointed Aide 

to Butterfield's Prexy 

Battle Creek, Mich.— Paul 0. 
3rake, manager of Butterfield The- 
iters here for nine years, has been 
promoted to the position of assis- 
;ant to E. C. Beatty, president of 
;he theater chain. His new posi- 
ion will embody field work through- 
mt the circuit, visiting each of the 
.05 Butterfield theaters. 

His successor in Kalamazoo as 
nanager of the Post and Bijou the- 
iters will be Howard Sweet, for the 
ast five years manager of the 
■'ranklin Theater, Saginaw. Sweet 
las been with the Butterfield com- 
)any for about 12 years and at 
>ne time managed the Strand The- 
iter in Lansing. 

Name N. J. Racing Com. 

} Trenton, N. J. — Bill naming a 
ion-salaried commission of five 
nembers was passed yesterday in 
he Assembly for the control of 
iorse racing and betting in the 
tate, bringing to an end a two- 
nonth dispute. 

Keystone Cops Hit Come-back Trail 

lie t Coast Bureau of THE FILM DAILY 
Hollywood — Looks like the come-back trail for the Keystone Cops. Twentieth-Fox 
yesterday signed Mack Sennet' to collaborate with Harry Joe Brown, associate pro- 
ducer, on a new type of comedy film which will revive the Cops; decision results from 
reaction to the Keystone stuff in "Hollywood Cavalcade." First pix is titled (temporary! 
"Left at the Altar, or Love in a Pullman Car." 'Twill be feature-length and probably 
a combination of both Technicolor and black and white. 

See No Stage Play Backing Liberty Magazine's Short 

Flood by Film Industry Short-Stories for Para. Series 

(Continued from Page 1) 

ciple by the producers, official cul- 
mination of the lengthy negotiations 
will not come until the contracts 
have been studied by the film com- 
panies and the Dramatists Guild 
gets the approval of the managers. 
Contracts are now being mailed to 
the film companies and a meeting 
with the managers will be held 

It is not anticipated that any flood 
of film backing will be made im- 
mediately available for play produc- 
tion, however. It is indicated film 
companies will be extremely cau- 
tious about stage financing. Some 
$760,000 was expended by studios 
for plays during the 1938-39 season. 

With reports current that Bette 
Davis will confer here this week 
with Jack L. Warner on a studio 
leave of absence to appear in a 
stage play this winter, it was gos- 
siped in theatrical circles last night 
that Warners might make their first 
re-entry into the play backing field 
via a Davis vehicle, with an eye to 
later filming it with Miss Davis if 
it is a hit. 

That Warners was seeking the 
screen rights to the stage play, "The 
Philadelphia Story," was also re- 
ported this week, both in New Yoi'k 
and on the Coast. Deal was said to 
call for Katharine Hepburn to ap- 
pear in her stage role. 

Philadelphia Area Indies 

to Huddle on Double Bills 

{Continued from Page 1) 

tion, and is directly connected with 
the report circulated locally for 
more than two weeks that Stanley- 
Warner rnay adopt twin bills. 

S-W action, if it comes, would 
stem from the fact that indies here 
have been dualling in the nabes. 

Blast Damages Gramercy 

Marquee and lobby of the Gram- 
ercy Park Theater were damaged 
yesterday by an explosion in an 
adjoining cleaning shop. No the- 
ater patrons were hurt but three 
pedestrians were killed by the ex- 

Will Rush S. A. Story 

West Coast Bureau of THE FILM DAILY 
Hollywood — Twentieth-Fox plans 
early nroduction of the Lawrence 
Phole-Thomas Aherne Salvation 
Army story, "Marching as to War." 
Shooting may start by January. 

New House for Narrows 

Narrows, Va. — Lincoln Theater 
Corp. of Marion will build here. 

(Continued from Page \) 

will include two Liberty short short 
stories. This new series will be 
produced in Hollywood under the 
name of Bits of Life. 

The first of the series has been 
completed and will be released in 
the Paragraphics series. If the 
shorts are well received, they will 
be released on the 1940-41 program, 
according to Lou Diamond, head of 
Paramount's short subject depart- 
ment. The series will be publicized 
by Liberty in the magazine and on 
the radio. 

Fairbanks, who is now in New 
York, and Carlisle produce the cur- 
rent Paramount shorts, Unusual Oc- 
cupations and Popular Science. 

SAG Air Show to Switch 

to East in Nov. or Dec. 

(Continued from Page 1) 

the show. Young & Rubicam, Inc., 
which handles the account, is now 
working on details with SAG offi- 
cials for the New York broadcasts. 
Many leading picture stars, it was 
pointed out, have announced plans 
to remain in New York for some 
time and would be unable to appear 
on the show unless it is broadcast 
from New York. 

Guild was anxious to arrange New 
York broadcasts last year, but plans 
did not go through in time, so it 
was decided to switch to New York 
this season. Talent and shows have 
not been set as yet. 

Install RCA Photophone 

in Metro's Cairo Theater 

Latest type of RCA Photophone 
High Fidelity equipment is being 
installed in the new 1,500-seat Metro 
Theater, now nearing completion in 
Cairo. Egypt. Negotiations for the 
installation were completed between 
RCA and Loew's representatives in 
New York. 

The system consists of a special 
type PG-141 three-projector instal- 
lation, with three sound heads equip- 
ped for push-pull operation 

"Mayerling" Suit for $18,000 

Summons and complaint has been 
served on Seymour Nebenzahl, pro- 
ducer of "Mayerling," by Jacques 
Haik, French distributor, in an ac- 
tion asking for $18,000 in damages. 
Haik's complaint alleges that he 
expended that much money under a 
uroduction contract entered into be- 
tween himself and Nebenzahl when 
Nebenzahl did not have the rights 
to a story which he claimed he 


(Continued from Page 1) 

no instances of writers' salaries be- 
ing cut. He also stated that an 
additional note of encouragement 
was provided by reports from mem- 
bers with unofficial contacts in 
Washington that the Government 
estimates tend to disprove alarmist 
rumors about the effect of war upon 
the industry. 

These reports pointed out thai 
even if all motion picture theaters 
in belligerent countries were shut 
down completely the revenue would 
drop less than 10 per cent and the 
slack would be taken up by in- 
creased profits from other markets, 
particularly as British, French and 
German competition has vanished. 

Only routine matters were dis- 
discussed at the meeting of Screen 
Directors Guild board of directors. 
President Frank Capra, who is out 
of city on vacation, is expected to 
return next week. 

Motion to Quash Nick, 

Brady Indictment Fails 

St. Louis — A motion to quash the 
indictment against John P. Nick, 
International Vice-President of the 
IATSE, and State Rep. Edward M. 
Brady was overruled by Circuit 
Judge Robert L. Aronson in the Cir- 
cuit Court for Criminal Causes. This 
action apparently clears the way 
for the trial of o _l e of them com- 
mencing on Oct. 16. 

The men are accused of extortion 
in connection with the alleged pay- 
ment to Brady of $10,000 by a num- 
ber of St. Louis independent motion 
picture theater owners. 

It is anticipated that Nick and 
Brady will ask for a severance when 
the case is called up before Judge 

Bioff as Rep. of AFL Union 
Not in Basic Agreement? 

West Coast Bureau of THE FILM DAILY 
Hollywood — Business and interna- 
tional representatives of the A F of 
L studio union not affiliated with the 
studio basic agreement have ap- 
proved a tentative deal for William 
Bioff to represent their Local in 
negotiations with producers. 

It is likely that each union will 
have representatives to form a cen- 
tral labor body which will have au- 
thority to settle jurisdictional and 
other disputes. Any strike call would 
have to be approved by this proposed 

Silvermans' Brother Dead 

Pittsburgh — Herman Silverman, 
brother of Jake and Ike Silverman, 
operators of the Strand Theater, 
Altoona, and the Blair Theater, 
Holidaysburg, is dead at London, 

For Attention -Value I 
For Selling -Punch! 
For Dependability! 
For low Costs! 
For Ticket -Selling! 

Special Announcement 
Trailers, too, hit the Bulls- 
Eye . . . for Quality . . . for 
selling-value and for Serv- 
ice. Cost so little and sell 
so much! 

For rapid-fire, quick-action, forceful, dramatic all-round 
"come-hither" theatre advertising 

NATIONAL SCREEN TRAILERS hit the bulls-eye every time . . . 

Reaching a 100% customer-audience at every performance... 

Cheapest . . . most effective . . . most consistent advertising 
you can buy ! 



L i Sf| \) 1 HilMl'SON 

Ml 5 PA 13 

2f» VN 4.4TH ST 

do r 

Intimate in Character 
International in Scope 
Independent in Thought 



The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

V±) 76, NO. 72 



Para. Partners Back Extended Playing Time 100 P. C 


Survey Reveals U. S. Leading World in Film Exports 

216,523,182 Feet Shipped in 

1938; Germany in 

Second Place 

Washington Bureau of THE FILM DAILY 
Washington — The U. S. was the 
world's leading exporter of motion 
picture films during 1938, shipping 
a total of 216,523,182 feet, valued 
at $4,950,015, according to results 
of a survey released yesterday by 
Nathan D. Golden, chief of the Mo- 
tion Picture Division, Department of 
Ger-many was. second, with ship- 

( Continued on Page 4) 


West Coast Bureau of THE FILM DAILY 

Hollywood — No member of the 
Screen Directors' Guild will be al- 
lowed to accept any suggested pay 
cut until each individual case has 
been considered by the Guild's board 
of directors for approval or disap- 
proval, according to a resolution 
adopted by the board. 

This action was taken after Pres- 

(Continued on Page 8) 

Trust Suit Delay Asked 

by Mich. Co-op Theaters 

Detroit — Motion has been filed 
in Federal Court by Co-Operative 
Theaters of Michigan, defendant, 
asking that the anti-trust suit 
brought by Midwest Theaters Co. — 
the Raymond Schreiber Circuit — be 

(Continued on Page 4) 

Lea Renews Pledge 
of Neely Hearings 

Washington Bur., THE FILM DAILY 
Washington — Renewed pledge that the 
Neely block-booking bill will be ac- 
corded "full hearings" when it is reached 
on the calendar of the House Interstate 
and Foreign Commerce Committe fol- 
lowing the opening of the regular Con- 
gressional session next year was given 
here yesterday by Chairman Lea, D. Calif. 

Orange Anti-Trust Suit Trial to Open 

Trial of the $225,000 anti-trust suit of Orange County Theaters, Inc., against Para- 
mount Pictures, 20th-century Fox Film Corp., United Artists Corp., RKO, and a number 
of other defendants will start before Federal Judge John W. Clancy and a jury tomorrow. 

Plaintiff, a Newburgh theater operator, charges the defendants with conspiracy 
to deprive him of product. 


Following negotiations yester- 
day between Nate J. Blumberg, 
president of Universal, and Jules 
Levy, former general sales manager 
of RKO, it was reported that Levy 
may join Universal in some capac- 
ity. If a deal is set, it is expected 
that it will be in the sales depart- 
ment although there have been re- 

(Continued on Page 8) 

Gordon Denies Shelving 

"American Way" as Film 

Reports that Gordon and Goetz 
were shelving plans to produce "The 
American Way" as a picture were 
vigorously denied yesterday by Max 
Gordon when he flew in from the 
Coast. He told The Film Daily 
that production plans here for the 
new play season had necessitated 
his leaving- the Coast at this time, 

(Continued on Page 6) 


Plans for definite relief measures 
will be launched at the MPTOA 
board of directors meeting in White 
Sulphur Springs, Va., Oct. 23-24, 
Ed Kuykendall. president, said yes- 
treday in New York. Declaring that 
many important issues would be dis- 
cussed and decided, Kuykendall 
stated he believed most of the 26 
directors would attend. 

While sidestepping any direct 

(Continued on Page 6) 

Metro, 20th-Fox Sign Deals 
With Ohio Co-op. Theaters 

M-G-M and 20th Century-Fox are 
the latest major companies to sign 
deals with Co-operative Theaters of 
Ohio, Inc., state-wide booking organ- 
ization, according to Milton A. 
Mooney, head of the buying com- 
bine. Mooney, who has been visit- 

( Continued on Page 6) 

Extended Playing Time Backed 100% 
by Paramount Partners, Says Netter 

Erpi's South American Biz 
"Encouraging", Gregg Reports 

Erpi's business in South and Cen- 
tral America since the first of the 
year, at which time the company 
took on the marketing of booth 
equipment in conjunction with its 
Mirrophonic Master Sound units, is 

(Continued on Page 6) 

Paramount's theater partners are 
100 per cent in favor of extending 
the playing time on all pictures war- 
ranting such action, according to 
Leon Netter, vice-president of Para- 
mount Theaters Service Corp., who 
recently returned from a tour of 
territories in which Paramount has 

Netter said yesterday that the 
(Continued on Page 6) 

Amended Underwriting Agree- 
ment May be Ready 
Next Month 

Hearing on the RKO reorganiza- 
tion proceedings was adjourned yes- 
terday by Federal Judge William 
Bondy to Nov. 1 at 2:30 p.m. at the 
request of Richard Jones, attorney 
associated with Simpson, Thatcher 
& Bartlett, who represent the Atlas 
group. Jones stated that the di- 
rectors of the new corporation and 
Atlas were studying the situation, 
particularly with regard to the ef- 
fect of the war on future revenue 

(Continued on Page 4) 


Detroit — Signing of contracts by 
Co-Operative Theaters of Michigan 
with Universal and United Artists 
has broken the jam of local film 
buying, which has been dependent 
upon the action of the two prin- 
cipal local theater groups. Co-Op 
is continuing negotiations with other 
(Continued on Page 8) 

O'Connor to Des Moines 
as RKO-Blank Pool Ends 

Chicago — Termination of the Des 
Moines pool through which the A. H. 
Blank circuit operated the Orpheum 
there for RKO took John J. O'Con- 
nor, RKO theater chief, to the Iowa 
city last night to arrange for the 

(Continued on Page 4) 

It's Columbus Day; 
Home Offices Closing 

Twentieth Century-Fox's home office 
will be shuttered all day today in ob- 
servance of Columbus Day, while most 
of other companies will close at 1 
o'clock. Latter applies to the MPPDA 
as well. Paramount and Monogram 
will remain open all day. Closing at 1 
o'clock are Warner Bros., RKO. Univer- 
sal, M-G-M, United Artists, Columbia, 
and Republic. 

Thursday, October 12, 1939 

Vol.76, No. 72 Thurs., Oct. 12, 1939 10 Cents 


: Publisher 


General Manager 
: : : Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau. Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.0u; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
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Address: Filmday, New York. Hollywood, 
California — Ralph Wilk, 6425 Hollywood 
Blvd., Phone Granite 6607. London — Ernest 
W. Fredman, The Film Renter, 127-131 War- 
dour St., W. I. Paris— P. A. Harle, La 
Cinematographic Francaise, 29 Rue Mar- 
soulan (12). Mexico City — ■ Marco-Aurelio 
Galindo, Depto. 19, 5A, Dr. Lucio No. 102, 
Mexico, D.F. Buenos Aires — Chas. de Cruz. 
Heraldo Del Cinematografista, Corrientes 1309. 



High Low Close Chg. 

liy 8 11 Vs lH/s 

1 Vs 1 Vs 1 Vs — Vs 

54i/2 1 
58 1 


531/ 2 1541/4 + % 

551/2 158 + 2 
11 IIV2 + % 
331/4 34 — 3/ 8 







75/s 75/ 8 

791/2 791/2 

83/4 87/ 8 

101/2 Id/2 — 3/4 

1 1/2 1 1/2 — Vs 

14 Hi/4 

24 24 

41/4 4l/ 8 41/4 

Am. Seat 

Col. Picts. vtc. (2!/ 2 %) 
Columbia Picts. pfd. 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. . 

East. Kodak 1 

do pfd 1 

Gen. Th. Eq 

Loew's, Inc 

do pfd 


Paramount 1st pfd. . 
Paramount 2nd pfd.. 

Pathe Film 


20th Century-Fox . . . 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros 

do pfd 

Keith B. F. ref. 6s46.1 
Loew's deb. 3Vi546. 
Para. B'way 3s55. . . 

Para. Picts. 6s55 

Para. Picts. cv. 3'/4s47 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 


Monogram Picts 

Sonotone Corp 

Technicolor 11% 11% 11% + Vs 

Trans-Lux 1 1/4 ll/ 4 1 1/4 

Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd IOOV2 

Fox Thea. Office Bldg. 1st '46 4 6 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45... 63 66 
Roxy Thea. Bldg. 4s 1st '57 58y 4 61 1/4 

OOV4 1 


OO1/4 100 1/4 + 1/4 
97 97i/ 4 4. l/ 4 

8O1/2 8OV4 80y 2 + % 






of Every Possible Description 

Conveniently Catalogued 





,,-y; BRYANT 9-56oo 


More Than 500 Exhibs. Visit 
World's Fair Lounge of RKO 

More than 500 individual exhibi- 
tors have visited the RKO World's 
Fair Lounge Room in the RKO 
Bldg. since the Fair opened. Visi- 
tors represented more than 2,000 
theaters and representatives of 16 
foreign nations were extended cour- 
tesies. Visiting stars included 
Nancy Carroll, Herbert Rawlinson, 
Sally Eilers, Edward Ellis, Anna 
Neagle, James Ellison, Raymond 
Massey, Lorna Lynn, ZaSu Pitts. 
Alice Eden, Cary Grant, Ray Whit- 
ley and Donald Duck. H. M. Richey, 
director of exhibitor relations, is 
the recipient of scores of letters of 
appreciation from theater owners. 

Local 306 Wants Action 

Against Para. Restored 

Application will be heard today 
of Joseph D. Basson, as president of 
Local 306, for an order restoring 
the union's suit against Paramoufnt 
Pictures Corp. to trial on Oct. 23. 
The union seeks an injunction and 
damages against the defendant as 
operator of the Belmont Theater 
for refusing to hire Local 306 men 
in alleged violation of a contract 
with the ITOA. Negotiations for a 
settlement, the application stated, 
have fallen through. 

Monogram's "Mutiny" Set 
for Entire B & K Circuit 

Four pre-release first-runs on 
Monogram's "Mutiny in the Big 
House" were announced yesterday 
by George W. Weeks, general sales 
manager. B & K has scheduled the 
picture for the entire circuit, with 
the first date set for the Garrick, 
Chicago, tomorrow. Other first-run 
openings include the Park. Reading, 
Pa., today; the Paramount, Wilkes- 
Barre, tomorrow, and the Capitol. 
Scranton, on Saturday. 

"Honeymoon in Bali" Tods 

Prior Hits in Key Cities 

"Honeymoon in Bali" is running 
20 to 50 per cent ahead of other 
top Paramount grossers in a num- 
ber of key cities, it was reported 
yesterday. Picture was reported 
running well ahead of previous Par- 
amount hit attractions in Houston, 
Brooklyn, Poughkeepsie, Des Moines. 
Memphis, New Haven and other 

Hays Board Meeting Off 

Adjourned session of the MPPDA 
board of directors, scheduled yester- 
day for the Hays Office, was de- 
ferred for another week, pending 
developments in the foreign situa- 

New Pact for Cukor 

West Coast Bureau of THE FILM DAILY 
Hollywood — George Cukor has 
been signed to a new long-term di- 
rectorial contract by M-G-M. 

20th-Fox Ad b Pub. Dept's 
Moving to Bldg. Next Door 

Newly renovated building in 56th 
St. adjacent to the 20th-Fox home 
office will be occupied next week 
by a number of departments now 
housed in the main building. 

Advertising, publicity, exploita- 
tion, still, artists and ad. sales de- 
partments will occupy the building, 
with several departments moving 
today and tomorrow. 

Frank Seltzer Appointed 
N. Y. Rep. for Hal Roach 

West Coast Bureau of THE FILM DAILY 
Hollywood — Frank Seltzer leaves 
Monday for the East where he will 
become New York representative for 
Hal Roach, succeeding Tom Walker, 

Jules Seltzer will be Roach's stu- 
dio publicity representative while 
Frank will devote most of his time 
to sales problems and also supervise 
studio publicity work. 

Schine Circuit Defers 

Nelsonville Acquisition 

Columbus, O. — The Schine circuit 
has postponed taking over the Ma- 
jestic theater, Nelsonville, until a 
definite disposition of the Govern- 
ment suit against the chain is made. 
Spence Steenrod will continue to 
operate the theater. 

Ohio Admission Tax 

Collections Show Gain 

Columbus, O. — Revenue from the 
state three per cent admission tax 
amounted to $1,193,000 during the 
first nine months of 1939, as com- 
pared to $1,110,000 during the same 
period last year. The increase was 
slightly less than seven per cent. 

MacLeod Heads Pep Club 

Indianapolis — The M-G-M Pep 
Club has been re-organized with 
these officers: D. S. MacLeod, presi- 
dent; J. A. Adams, vice-president: 
Klaska T. Johnson, secretary, and 
F. B. Gauker, treasurer. Madalyn 
Cornet has been appointed sergeant- 

WurtzePs 25th Anniversary 

West Coast Bureau of THE FILM DAILY 
Hollywood — Sol Wurtzel, 20th- 
Fox executive producer, celebrates 
his 25th year in picture business to- 
day. Wurtzel will be tendered a 
party on the Fox lot by his asso- 

For Lunch, Dinner or Supper 


The Industry's 


156 W. 48th St. Tel. CHickering 4-4200 

commG ADD Gome 

NICHOLAS M. SCHENCK arrived on the Coast 
yesterday from New York for a studio visit. 

MURRAY SILVERSTONE is due to arrive here 
this week-end from Hollywood where he has 
been conferring with UA producers. 

MILTON MOONEY, head of Co-operativ he- 
aters of Ohio, Inc., returned to Clevelar. as- 
terday from New York. 

M. LOWENSTEIN, Oklahoma MPTO leader, 
is here for a short visit. 

ED KUYKENDALL, MPTOA prexy, has arrived 
here for a short stay. 

WALTER BRANSON, RKO mid-West district 
manager, and T. R. "TOMMY" THOMPSON, RKO 
branch manager in Kansas City, are in New 
York for home office conferences. 

AL WILKIE, publicity manager for Paramount, 
is en route to Miami on company business and 
is scheduled to return to his desk the first of 
the week. 

LEONA DEAN, sister of Al Dean, Paramount 
foreign publicity director, arrives here from Lon- 
don next week. 

RODNEY BUSH, publicity and exploitation man- 
ager for 20th-Fox, and LOU DAVIDSON, his 
assistant, are visiting towns in the Mohawk 
Valley where the company will stage a multiple 
premiere of "Drums Along the Mohawk" Nov. 2. 

ERNEST SCHOEDSACK, producer, arrives here 
today for a vacation after a year's work on a 
new Paramount picture. 

CHARLES LAUGHTON has cancelled his trip 
here next week due to illness, remaining on 
the Coast. 

MAUREEN O'HARA has also cancelled her visit 

DR. A. H. GIANNINI arrives here next week 
for a month's vacation. 

JOHN F. CATELEE, IATSE international repre- 
sentative, has left Hollywood after a lengthy 
stay for his headquarters in Springfield, Mass. 

MITCHELL LEISEN has returned to the Coast 
after a New York vacation. 

PAUL ROBESON, Negro singer and actor, re- 
turns from Europe today on the U. S. liner Wash- 

British actors, and MARGARET TORREY, Amer- 
ican soprano who has been in Germany for 
three years, are other passengers arriving today 
on the Washington. 

Laughton in Hospital 

West Coast Bureau of THE FILM DAILY 
Hollvwood — Charles Laughton is 
hospitalized here with mastoiditis, 
forcing cancellation of his planned 
p. a. tour with Maureen O'Hara. 

Pettijohn Will Speak 

Lincoln, Neb. — C. C. Pettijohn, 
MPPDA general counsel, will speak 
before the Federation of Women's 
Clubs here on Oct. 19. 


Will more than prove my worth to you 
Mr. Busy Executive in LESSENING YOUR 

An able assistant with unlimited quali- 
fications. Thorough knowledge of the 
motion picture, theater and radio in- 
dustries. Thoroughly competent in tak- 
ing complete charge of an office and all 
its details to the most minute degree. 
A stenographer of merit and competency. 
Affidavits and recommendations, out of 
the ordinary, as to my integrity, char- 
acter, capabilities and qualifications. 
Grant me an interviewl And you will 
be more than satisfied! ! 

Box No. 1401 
1501 B'way 

N. Y. C. 



Only M-G-M can make this sort of comedy 
so that it smacks over to the millions. This 
is a laugh riot on a par with "A Night 
at the Opera" and "A Day at the Races" 



Groucho— Chico— Harpo MARX BROS. "AT THE CIRCUS" with Kenny Baker • Florence 
Rice • Eve Arden • Margaret Dumont • Nat Pendleton • Screen Play by Irving 
Brecher • Directed by Edward Buzzell • A MERVYN LeROY Production • An M-G-M Picture 

alley- fs^ 

OOP! te 










Thursday, October 12, 1939 


{Continued from Page 1) 

ments totaling 62,663,000 meters, 
valued at 12,099,000 Reich-marks 
and projectors with and without 
lenses, worth 6,571,000 Reich-marks. 

France exported 19,945,135 meters, 
valued at 36,783,000 Francs, and 
motion picture cameras and pro- 
jectors worth 13,657,000 Francs. 

Great Britain, in 1937, latest year 
for which figures are available, ex- 
ported 67,904,472 feet valued at 
281,618 pounds sterling, unclassified 
equipment worth 110,856 pounds 
sterling and projectors valued at 
41,786 pounds sterling. 

O'Connor to Des Moines 
As RKO-Blank Pool Ends 

{Continued from Page 1) 

transfer. Pool was called off by 
mutual consent, it is understood. 

O'Connor, prior to his departure, 
said that the circuit's business com- 
pares favorably with last year's, and 
that its improvement program would 
continue apace. 

No increase in the use of vaude 
is contemplated, O'Connor stated. 
Bill Howard, RKO vaude exec, is 
here to confer with the Chicago 

UDT Re-assigns Managers 

Detroit— United Detroit Theaters 
has shifted theater managers at 
several houses, giving Robert Cor- 
bin charge of the two principal 
houses, United Artists and Michi- 
gan, Irving Katcher, assistant at 
the Ramona, moves into the book- 
ing department, and Lew Siegel has 
joined the art staff, replacing Carl 
Weilfonder, who left to join an ad- 
vertising agency. Edward Stock, as- 
sistant at the Alger, takes the same 
post at the Ramona, and Gaylord 
Barrows, assistant at the Norwest, 
goes to the Alger, with Gordon 
Johnson, assistant relief manager, 
taking the permanent post at the 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

William Nigh 
Joseph S. Skirball 
James Bradbury, Sr. 
John Graham 

Crauford Kent 

Bob Doidge 

Amerigo Aboaf 

George A. Noffka 


with PHIL M. DALY; 

T T T 

• • • SOME folks in this biz imagine that because it's ad- 
visable to keep both feet on the ground that it's the spot also 

to kep both eyes Consequently, they fail to see not only what 

is actually going on about them but also what is approaching them 

which brings to mind a conversation with the late Arthur Bris- 
bane during which he observed there was only one thing wrong 

with Rodin's famous statue "The Thinker" and that was 

simply that men who really think LOOK UP and not down 

▼ TV 

• # # IF you agree with the Brisbane view then surely 

there is much of an encouraging nature in looking upward 

and toward the horizons upon which are looming a magni- 
ficent crop of near-future pix productions seemingly destined 

to make b.o. history and profits How much profit they 

will make for Mr. Exhibitor depends upon whether the lat- 

ter's eyes are going to be kept on the ground or upon the 

opportunities these pix afford 

▼ ▼ ▼ 

• • • TAKE a look then at the approaching parade Tomor- 
row literally tomorrow 20th-Fox is releasing "Hollywood 

Cavalcade" the advance guard of other big properties such as 

"Drums Along the Mohawk," "The Blue Bird" and "Swanee River" 

all of which, believe it or not, are in Technicolor Also literally 

tomorrow M-G-M is scheduled to unleash nationally its "Babes In 

Arms" the harbinger of further big berthas such as "Marx Brothers 

at the Circus," "Ninotchka," and "Broadway Melody of 1940" 

▼ T ▼ 

• • • ON FRIDAY of this week Warners start dissem- 
inating "On Your Toes" which ushers-in shortly "The Roar- 
ing Twenties," "Private Lives of Elizabeth and Essex" and "We 

Are Not Alone" Universal is leading up to the barrier such 

quality entertainment as "Tower of London," "First Love," and 
"Green Hell" while RKO Radio is poised to unload "Al- 
legheny Uprising," "Vigil in the Night," "The Hunchback of Notre 
Dame" and "Abe Lincoln in Illinois" 

▼ ▼ ▼ 

• • • A week from today Columbia's Capra classic "Mr. 

Smith Goes to Washington" goes to exhibs in wake of which will 

journey "His Girl Friday" and "The Incredible Mr. Williams" UA's 

prime offerings in the offing are "The Housekeeper's Daughter," "Over 
the Moon," "Raffles," and labeled soon are "Rebecca," "Thief of Bagdad" 

and "Of Mice and Men" Paramount's mighty are "Disputed 

Passage," "Rulers of the Sea," "Gulliver's Travels" and "Gay Days of 
Victor Herbert" 

▼ V V 

• • • MONOGRAM this month delivers "Mutiny in the Big 
House," shortly in advance of "Rip Van Winkle" and "His Father's 
Son" Tomorrow Republic's "Sabotage" rolls into circula- 
tion the initial pix in the Jubilee group and in Novem- 
ber another Jubilee attraction, "Main Street Lawyer," goes forth. 

▼ ▼ ▼ 

• • • AND mark this There's something more substantia] to 

the Broadway biz upturn than the last-minute rush to see the 

World's Fair and the innumerable conventions now bringing 

thousands to this city Witness the fact that the N. Y. Daily News 

yesterday was forced to omit owing to lack of space 

53 columns of advertising from the New York section .... and 49 columns 

of advertising from the Brooklyn section If that isn't a tip-off as to 

what Big Business sees for the future in these United States 

we never saw one Are YOU set to cash in? 


(.Continued from Page 1) 

of the company, and that in the 
near future an offer for an amended 
underwriting agreement would be 
ready. s 

Jones qualified this by si ing 
that "very probably" the agreement 
would not be completed within three 
weeks, and that an adjournment for 
that period of time was therefore 
necessary. This indicates the agree- 
ment will be forthcoming in early 

Judge Bondy, after granting the 
request, stated that the proceedings 
were now pending for a "intermin- 
able time" and that he must insist 
that something be done definitely to 
show progress toward final reor- 
ganization. The affairs of the com- 
pany, Judge Bondy emphatically 
stated, cannot remain indefinitely 
under supervision of the Court. In 
response to this statement, Jones 
averred that "every effort was being 
made to conclude matters." 

Trust Suit Delay Asked 

by Mich. -Co-op. Theaters 

(Continued from Page 1) 

stayed "until a final adjudication 
of the ownership of the (Schreiber) 
Theaters. Motion refers to case in 
which Jacob Schreiber, former 
owner, challenged the present con- 
trol of the five theaters by his 
nephew, Raymond Schreiber. 

NBC Substitutes Pix Shorts 
for Gordon's Musical Show 

NBC substituted several picture 
shorts and a children's show for its 
television program last night, when 
an Equity ruling that each actor 
appearing receive a full week's pay 
prevented the showing of Max Gor- 
don's Broadway musical, "Very 
Warm for May" which was orig- 
inally scheduled. Gordon refused to 
consent and the telecast was can- 
celled. NBC has been considering 
a series of Broadway plays in re- 
hearsal, but the Equity ruling is 
expected to kill any contemplated 

A Columbia Pictures trailer for 
"Mr. Smith Goes to Washington," 
two Columbia shorts, Madge Tucker's 
"Radio Children" and an interview 
with Charles Sheeler, photographer, 
by Sam Kootz were substituted for 
the Gordon musical. 

Again Sister Susies 

St. John, N. B. — All femmes employed 
in the 10 film exchanges here have 
signed up for the duration in the Film 
Girls' Patriotic Club, headed by Alice 
Fairweather, secretary of the Maritime 
Film Board. 

Girls are knitting sweaters and socks 
in their spare time. 

Midnight benefit show is being ar- 

I Thursday, October 12, 1939 


& ik R€VI€UJ5 Of TH6 R€UJ flLnlS ik £■ 

"Jamaica Inn" 

with Charles Laughton, Maureen O'Hara, 
Leslie Banks, Emlyn Williams, Robert- 
Paramount 98 Mins. 


Devotees of the more rugged melodramas, 
and the large coterie of Charles Laughton 
admirers will find the present production 
satisfying, particularly from the standpoint 
of the star's performance and the weighty, 
oft exciting action which deals with the 
operations of smuggling bands who preyed 
on the wrecks of sailing ships in the early 
19th Century along the Cornish coast. The 
particular band, whose sinister saga is re- 
counted on the screen from the novel by 
Daphne DuMaurier, purposely lures vessels 
onto the rockbound shore, slaughters the un- 
fortunate crew, and loots the wreckage. 
Headquarters of the pirates is the musty 
Jamaica Inn whither Maureen O'Hara goes 
from Ireland to reside with her only liv- 
ing relative, an aunt wedded to the ap- 
parent leader of the gang. The first night 
under the forbidding roof, she witnesses the 
intended hanging of a suspected squealer 
by the freebooters. The victim of the at- 
tempt is Leslie Banks, an officer of the 
law who has joined up to bring the guilty 
to justice, but he is saved from the noose 
when Maureen O'Hara cuts the rope on a 
rafter outside her attic room. The real 
leader of the gang is Charles Laughton, 
an apparently respectable but iron-handed 
squire in the county, and it is he who, as 
the major menace of the girl and the young 
law officer, is finally brought to task, al- 
though his death is self-inflicted via a leap 
from the yardarm of a ship on which he is 
attempting to escape with the girl to 
France. Laughton turns in a typically fine 
job as the crazed, cruel, villainous squire. 
Other members of the cast are efficient 
and convincing in their roles, particularly 
the pretty Maureen O'Hara, newcomer to 
the screen. Technically the film is well 
produced by Erich Pommer, and directed 
with feeling and understanding by Alfred 
Hitchcock. The average pixgoer will like 
the attraction; its best response will come 
from the Laughton fans and meller addicts. 

CAST: Charles Laughton, Maureen 
O'Hara, Leslie Banks, Emlyn Williams, Rob- 
ert Newton, Marie Ney, Wylie Watson, 
Morland Graham, Edwin Greenwood, Mervyn 
Johns, Stephen Haggard, Horace Hodges, 
Hay Petrie, Frederick Piper, Herbert Lomas, 
Clare Greet, Jeanne de Casalis, Bromley 
Davenport, Mabel Terry Lewis, George Cur- 
zon, Basil Redford. 

CRcDITS: A Mayflower Pictures presen- 
tation; A Pommer- Laughton Production; Pro- 
ducer, Erich Pommer; Director, Alfred 
Hitchcock; Author, Daphne Du Maurier; 
Screenplay, Sidney Gilliat, Joan Harrison; 
Dialogue, Sidney Gilliat; Cameramen, Harry 
Stradling, Bernard Knowles; Editor, Robert 


Siegel Gets Franchise 

Mike Siegel of Imperial Pictures 
Corp., Washington, has signed a 
franchise deal with Standard Pic- 
tures Distributing- Co., Inc. 

"The Taming of the 

with Bill Elliott, Iris Meredith, Dick Curtis 
Columbia 55 Mins. 


Just about the shootingest pistol feast 
the western addicts have had dished up to 
them in a long time, this new Columbia six- 
gunner should get a big play from the cow- 
boy fans. Bill Elliott makes a handsome 
and hard shooting hero. Iris Meredith is 
an attractive heroine, and Dick Curtis is 
as ornery a villain as an audience could 
want to hiss. Elliott arrives in the town 
of Prairie Port just after a big shooting 
scrape. The marshal, who was shot by 
one of the desperado element, has to be 
avenged, Elliott decides, and he sets out 
to track the man down who is responsible. 
Following more trouble, Elliott is made 
marshal and he starts a law and order drive. 
However, the local banker, who is behind 
the gang that has been terrorizing the 
town, plans to stave Elliott off by intimidat- 
ing his witnesses at the trials he has ordered. 
Witnesses are beaten and shot, but Elliott 
sticks to his guns and cleans up the gang 
before he is through. 

CAST: Bill Elliott, Iris Meredith, Dick 
Curtis, Dub Taylor, James Craig, Stanley 
Brown, Ethan Allen, K. MacDonald, Victor 
Wong, Don Beddoe. 

CREDITS: Produced by Columbia; Direc- 
tor, Norman Deming; Screenplay, C. F. 
Royal and R. L. Johnson; Original Story, R. 
L. Johnson; Cameraman, George Meehan; 
Editor, Otto Meyer. 


Latta Named Chief Barker 
by Pittsburgh V. C. Tent 

Pittsburgh — Local Variety Club 
will install Chief Barker-elect C. J. 
Latta of Warner Bros. Theaters at 
a banquet in honor of the retiring- 
chief barker, Ira H. Cohn and staff, 
at the William Penn Hotel on Sun- 
day night, Oct. 29. 

To be presented with Latta at 
that time are the following other 
new officers, elected this week: 

1st Asst. Chief Barker C. C. 
Kellenberg, 20th Century-Fox; 2nd 
Asst. Chief Barker, Burtis Bishop, 
Jr., M-G-M; Secretary, Al Weib- 
linger, Philadelphia Co.; Treasurer, 
M. N. Shapiro, Shapiro & Fineman 
Theater Circuit. 

Board of directors: George Tyson, 
Harris Amusement Companies; M. 
A. Rosenberg, President, MPTO of 
Western Pa.; Art England, England 
Bros. Enterprises; Elmer Ecker, 
Film Attorney; M. M. Gallagher, 
Gallagher Enterprises; Brian Mc- 
Donald, Radio Commentator. 

Harry M. Kalmine and Harry 
Feinstein both of Warner Bros. The- 
aters have been named national con- 
vention delegates. Alternates are C. 
C. Kellenberg of 20th-Fox and Bur- 
tis Bishop, Jr., of M-G-M. 

"Pride of the 

with Edith Fellows, James McCallion and 

Gantry the Great 
Warner Bros. 65 Mins. 


Marking the debut of Gantry the Great, 
famous blind equine trick horse, as a screen 
performer, this picture will fit nicely in 
program spots. It has sentiment, drama and 
comedy nicely blended, with a personable 
cast of players to put the story over. Edith 
Fellows, James McCallion, Granville Bates 
and Sam McDaniels contribute able char- 
acterizations. The story is simple and di- 
rectly told with good suspense built up for 
the climax. McCallion, son of a horseman, 
falls heir to Gantry when the colt is foaled 
and his father is killed when lightning 
strikes the barn. Edith Fellows gets Mc- 
Callion a job on her father's horse farm, 
where he raises and trains Gantry. The 
horse wins race after race and is a fav- 
orite for the Kentucky Derby. However, a 
blow causes him to go blind and he loses 
the race, bringing suspension from the 
tracks for McCallion due to the suspicious 
circumstances concerning the horse's in- 
jury. He recoups his honor when he enters 
Gantry in the Grand National Steeplechase 
at Aintree, winning in an exciting finish. 

CAST: Edith Fellows, James McCallion, 
Gantry the Great, Granville Bates, Aldrich 
Bowker, Arthur Loft, De Wolf Hopper, 
Frankie Burke, Sam McDaniels, John Butler. 

CREDITS: Warner Bros. Production; Di- 
rector, William McGann; Original Screen- 
play, Vincent Sherman; Cameraman, Ted 
McCord; Editor, Frank DeWar. 


NBC Revises Its Schedule 
to Build Up Week-end Biz 

NBC has altered its television 
schedule to carry special Saturday 
evening and Sunday afternoon pro- 
grams and has dropped its Tues- 
day telecasts in addition to the Mon- 
days. Boxing matches will be tele- 
vised from 9-11 p.m. Saturdays from 
the Ridgewood Grove Arena, Queens, 
while professional football games 
will be televised from Ebbett's field 
Sunday afternoons, starting- at 2:30 
p.m. The new schedules start 
Oct. 21. 

Import French Newsreel 

French Cinema Center will dis- 
tribute a series of French newsreels, 
to be known as "Bulletin." Reels 
will be flown over by clipper. Each 
issue is devoted to an outstanding 
news event or personality. Com- 
mentary will be in English. 

Mrs. Paul LeVeque Dead 

Detroit— Mrs. Vera LeVeque, 33, 
wife of Paul LeVeque, office man- 
ager of Cinema Service Co., died in 
Women's Hospital from anemia. Her 
husband and one son survive. Bur- 
ial was at Cassopolis. 

* fORCIGI) * 

"Light Ahead" Izidore Casher, Helen Beverly, David 

Ultra Films 110 Mins. 


Based on superstitious folklore, this new 
Yiddish production will interest audiences 
in its own sphere. Pix plays heavily on 
the emotional side with a blind girl and 
a penniless cripple as the principal char 
acters. Izidore Casher, as the cripple, 
Helen Beverly, the blind girl, and David 
Opatushu, as an itinerant book-writer, fill 
the principal roles adequately. Casher 
quarrels with his sweetheart when she 
refuses to marry him and leave their coun- 
try village to try their luck as beggars 
in a big city. However, Opatushu per- 
suades him to patch up his quarrel. Some 
of the village girls go swimming on the 
Sabbath and when cholera breaks out the 
cause of it is blamed on them for defiling 
the Sabbath. According to custom, the 
poorest girl and boy in the village are 
married in a cemetery to appease the evil 
spirits. Married, they are driven by 
Opatushu in his cart to the open road 
where they start their quest for a new 
life and happiness, "The Light Ahead." 

CAST: Izidore Casher, Helen Beverly, 
David Opatushu, Yudel Dubinsky, Rosetta 
Bialis, Tillie Rabinowitz, Misha Fishman, 
Leon Seidenberg, Anne Guskin, Jenny 
Casher, Wolf Mercur. 

CREDITS: Produced and Directed by 
Edgar G. Ulmer. Presented at the Clinton, 
Ascot and Peoples Theaters with Yiddish 
dialogue and English titles. 

0. K. 

"El Capitan 

(The Adventurous Captain) 

with Jose Mojica, Manolita Saval 

Jose Guererro 92 Mins. 


This pix should have a wide drawing pow- 
er in the Spanish-speaking fields. The pop- 
ular Jose Mojica, singing pleasingly, and 
playing with merit, carries off the lion's 
share of the honors. Manolita Saval, femme 
lead, is attractive and capable. A fair share 
of comedy is injected into the film by Car- 
los Orellana. Story material, while cut and 
dried, is entertainingly handled. Mojica, a 
swashbuckling adventurer in this operetta 
of old Spain, overcomes tremendous odds in 
saving Manolita from marrying a wicked 
nobleman. Of course, he gets the girl. 

CAST: Jose Mojica, Manolita Saval, Car- 
los Orellana, Alberto Marti, Sara Garcia, 
Eduardo Arozamena, Margarita Cortes, Gal- 
dino Samperio. 

CREDITS: Cinematographica Internacion- 
al Production; Director, Arcady Boytler. 
Presented at the 48th St. Theater with 
Spanish dialogue and no English titles. 





Thursday, October 12, 1939 



{Continued from Page 1) 

comment, it is understood that Kuy- 
kendall again will be elected presi- 
dent of the organization, although 
it was indicated that there may be 
some changes in the board panel. 

An agenda of 17 major points for 
discussion at the meeting previously 
was announced, these points includ- 
ing fair trade practices, the pro- 
posed code, radio competition, ex- 
hibition contracts, etc. 

Kuykendall attended a meeting of 
the MPTO of Western New York in 
Buffalo on Monday. 

Metro, 20th-Fox Sign Deals 
With Ohio Co-op. Theaters 

{Continued from Page 1) 

ing in New York and who returned 
yesterday to Cleveland, said that M- 
G-M and 20th-Fox had agreed last 
week to serve Co-operative. 

Mooney said that 73 theaters in 
Ohio now belong to the organiza- 

Murphy Again Chief Barker 
of Buffalo's Variety Club 

Buffalo — Robert T. Murphy, chief 
booker for the Shea circuit, again 
is chief barker of the Variety Club 
of Buffalo. He was elected by the 
board of directors chosen at the 
club's annual meeting. Other mem- 
bers of the board are: 

Sidney Lehman, United Artists, 
first assistant chief barker; Kenneth 
G. Robinson, Paramount, second as- 
sistant; W. E. J. Martin, secretary 
and treasurer for the fifth consecu- 
tive year; Jack S. Berkson, Charles 
Boasberg of Radio Pictures, Elmer 
F. Lux, also of RKO; Ralph W. 
Maw of M-G-M, Jacob Lavene of 
the Academy Theater, a past chief 
barker; Sydney Samson of Twen- 
tieth Century-Fox, and Matthew V. 
Sullivan, Jr., of UA. 

NBC to Televise Special 

Program for Pix Jubilee 

NBC will televise a special motion 
picture's 50th anniversary program 
tomorrow night at 8:30. Highlights 
of the telecast will be showings of 
parts of "The Great Train Robbery" 
and "The Kiss." 


Cleveland — Announcement is made 
of the marriage of Norman Levin, 
local United Artists city salesman, 
to Rose Kirtz Schwartz of this city. 

Richmond, Va. — David Kamsky, 
advertising manager, Neighborhood 
Theaters, and Miss Margaret Rosen- 
berg, will be married here on Nov. 
9, visiting New York on the honey- 

Politics in Film Censorship? Horrors! ! ! 

Baltimore— His salary cut from $2,000 to $1,200 a year, Howard E. J. Harding has 
resigned as state film inspector, effective Oct. 31. Harding asserts political maneuvering 
was behind the pay cut. Vacancy will be filled by the State Employment Commission. 

Two Photophone Experts 

to Address SMPE Parley 

A large delegation of RCA Pho- 
tophone sound and service engineers 
and executives from Camden and 
New York will attend the SMPE 
Fall Convention opening Monday at 
the Hotel Pennsylvania. 

Two technical papers will be read 
at the Convention by the Camden 
delegates. One, entitled "Starting 
Characteristics of Speech Sound," 
was co-authored by Dr. E. W. Kel- 
logg and R. O. Drew; the other, 
"Optical Control of Wave Shape and 
Amplitude Characteristics in Vari- 
able Density Recording," was pre- 
pared by G. L. Dimmick. Dr. Kel- 
logg received the SMPE Progress 
Award in 1937, and the Journal 
Award in 1936. 

Heading the RCA delegation will 
be Lewis M. Clement, vice-president 
in charge of Engineering and Re- 
search; Max C. Batsel, Chief Pho- 
tophone Engineer and member of 
the SMPE Board of Governors; E. 
C. Cahill, Manager of the Photo- 
phone Division of the RCA Manu- 
facturing Company; Homer B. 
Snook, Manager of Reproducer Sales. 

Other members of the delegation 
will be Morris J. Yahr, Photophone's 
Sales Engineer; Bernard Sholtz, 
New York reproducer sales repre- 
sentative; Fred Wentker, assistant 
to Mr. Cahill; J. S. Pesce, of the 
engineering staff, and Adolph Good- 
man and Ray Kowalski, of the ser- 
vice organization. 

Erpi's South American Biz 
"Encouraging", Gregg Reports 

(Continued from Page 1) 

decidedly encouraging, with evidence 
pointing to an appreciable gain in 
revenue over 1938 in this sector 
of the world market, it is asserted 
by E. S. Gregg, Erpi's general for- 
eign manager, who returned recent- 
ly from a visit to Australasia. 

During his swing through the 
Far East and the Antipodes, Gregg 
kept in close communication with 
the Latin American business situa- 
tion, and may journey there shortly 
to perfect the sales organization 
and intensify selling policies. 

The current hostilities in Europe, 
Gregg implied, have made it in- 
cumbent upon American firms to 
extend the supply of motion pic- 
ture technical equipment in light 
of the fact that supply can only 
come from U. S. sources. 

Even before the outbreak of the 
European war, U. S. projection and 
sound mechanisms were dominant 
in virtually every part of Central 
and South America. Considerable 
expansion of the exhibition field, he 
said, is looked for in the 1939-40 
season there. Impending trade pacts 
are expected, he added, even to im- 
prove the U. S. position. 

French Films to Start 

at Central on Oct. 20 

Central Theater reopens a week 
from tomorrow as a "show window" 
for French pix. Initial attraction 
is "Port of Shadows," distributed 
by Film Alliance of the U. S., which 
will have its U. S. premiere. 

Alliance In Distrib. Deals 

Pam-O-Film, with offices in Albany 
and Buffalo, has signed a franchise 
deal with Budd Rogers, vice-presi- 
dent and general manager of Al- 
liance Films Corporation. In addi- 
tion to the Albany and Buffalo ter- 
ritories, Rogers has just closed ne- 
gotiations with International Pic- 
ture Distributing Co. for the Phila- 
delphia and Washington franchises 
for the complete Alliance program. 

V. C. to Hold Barn Dance 

Columbus, O. — The second annual 
charity "Barn Dance" of the Var- 
iety Club, Tent Two, will be held 
Oct. 25. Little Jack Little and his 
Orchestra and the NBC National 
Barn Dance will receive top billing. 
Lou Holleb, owner of the New the- 
ater, is general chairman, assisted 
by C. Harry Schreiber, city RKO 

Civil Liberties Conference 
to See "The Bill of Rights" 

Warners' Technicolor featuret, 
"The Bill of Rights," will be screened 
for the National Conference on 
Civil Liberties tomorrow night at 
the Hotel Biltmore. William Allen 
White, conference chairman, will 
refer to the pix in his address to 
be broadcast over the NBC Red net- 
work from 9:30 to 10:30 p.m. Con- 
ference is under the auspices of the 
American Civil Liberties Union, foe 
of film censorship, among other 

Grierson Speaks at Fair 

John Grierson, head of the Brit- 
ish Film Center and founder of the 
documentary film movement in 
Great Britain, was a speaker yes- 
terday afternoon at the Little The- 
ater in the Science and Education 
Bldg. at the World's Fair, where 
his documentary film, "Song of Cey- 
lon," was one of the pictures shown. 
Grierson is on his way to Canada 
and then to Australia to obtain ma- 
terial for other documentary films. 

Hold "5th Ave. Girl" 

"Fifth Avenue Girl" has been held 
over for second weeks in Boston, 
St. Louis, Baltimore, Los Angeles 
and Trenton. Holdovers were re- 
corded in a majority of the key 


(Continued from Page 1) 

partners advocated the extending of 
playing time on all companies' pic- 
tures, instructing their managers to 
get the most out of every future 
booked. He pointed out thai >iere 
is currently a wealth of excellent 
pictures on the market, but he ad- 
vised "keeping your fingers crossed" 
inasmuch as there may be a period 
of mediocre pictures — even an ac- 
tual product shortage — later in the 

Theaters should have a backlog of 
big pictures in reserve and only by 
playing such pictures to the fullest 
can a shortage be avoided, Netter 

While some circuits have favored 
the staggering of releases from the 
majors, so that all companies would 
not make their top pictures avail- 
able at the same time, it is believed 
by some that the distributors would 
not agree on such a move, being 
unwilling to hold back their bigger 

Gordon Denies Shelving 

"American Way" as Film 

(Continued from Page 1) 

causing a postponement of produc- 
tion of the picture. 

Gordon, when queried about the 
ruling by Equity which caused his 
office to drop plans for a telecast 
last night over NBC, using part of 
the cast of a new Gordon show, 
said that he was unfamiliar with 
the situation and had no comment. 
Equity ruled that each member of 
the cast would have to be paid a 
week's salary. Whether or not any 
protest will be made to Equity by 
either the Gordon office or NBC 
could not be learned. 

Philly's Variety Club 

Elects New Directors 

Philadelphia — Variety club direc- 
tors elected are Harry Blumberg, 
Jay Emanuel, Ted Schlanger, John 
Monroe, Dave Milgram, Ray 
O'Rourke, Sam Stiefel, Dave Supo- 
witz, Sid Samuelson, Dave Wesh- 
ner, W. A. McAvoy, with Earle 
Sweigert, national director, and Bill 
Clark and Stiefel delegates to the 
national convention. McAvoy and 
Al Fischer are alternates for the 
last two. 

Election of a Chief Barker takes 
place shortly. 


Mooresville, Ind. — Harmon Alli- 
son, operator of the Ritz Theater 
here is the father of a baby girl, 
born in the Methodist Hospital, In- 


^Thursday, October 12, 1939 

: <M 




L i Ralph Byrd in 
^^'Dick Tracy's G-Men" 
(15-Chapter Serial) 

Average Chapter 
^Republic 30 mins. 

Whirlwind Action 
Examination of the initial chapter 
of this new serial is convincing evi- 
dence that the screen's sagas of ex- 
citement have reached a new spine- 
tingling level, for Ralph Byrd, in- 
terpreting the character of Dick 
Tracy, the cartoon strip hero con- 
ceived by Chester Gould, furnishes 
snough action and hair-raising ex- 
ploits to satisfy the most jaded 
thirsters for peril and adventure. 
; Irving Pichel is entrusted with the 
role of Zarnoff, head of an interna- 
tional spy ring, and the quarry of 
the indomitable G-Man, Byrd. As 
the yarn opens, Pichel is in custody, 
and well on the way to execution. 
But he has a secret chemical process 
via which, when the execution is 
over, his henchmen bring him back 
to life. Re-born, as it were, Pichel 
and his evil, wily followers set out 
to blow up what is unofficially, but 
quite obviously meant to be, the 
Panama Canal. Byrd tries to pre- 
vent a bomb-laden boat from de- 
stroying a portion of the canal, and 
his efforts are somewhat successful. 
Serial addicts will welcome this new 
Republic chapter drama which was 
directed by William Witney and John 
English. Episodes are based upon 
an original screenplay furnished by 
K Barry Shipman, Franklyn Adreon, 
Rex Taylor, Ronald Davidson and 
•Sol Shor. Robert Beche is the asso- 
ciate producer, William Nobles the 
cameraman, and Edward Todd, Wil- 
liam Thompson and Bernard Loftus, 
editors. Cast includes, in addition to 
Byrd and Pichel, Ted Pearson, Phyllis 
Isley, Walter Miller, George Doug- 
las, Kenneth Harlan, Robert Carson, 
Julian Madison, Ted Mapes, William 
Stahl, Robert Wayne, Joe McGuinn, 
, Kenneth Terrell, Harry Humphrey 
and Harrison Greene. 

Columbus Variety Club 

Honors Harry Schreiber 

Columbus, 0. — C. Harry Schreiber, 
(City RKO Manager, is the new 
chief barker of the Variety Club 
(Tent Two), succeeding Bill Pullin 
of the Linden Theater. Virgil Jack- 
son, Jackson-Murphy Theaters, is 
first vice-president, and Lou Hol- 
,leb, New Theater, second vice-presi- 
|dent. Secretary P. J. Wood, ITO 
secretary, and treasurer Jake Luft 
jwere retained. 

New directors are Mike Cullen, 
Loew's Western Division Manager; 
■Jeffrey Goldsol, The Budd Co.; Don 
Burroughs, WBNS, and Bill Cun- 
ningham, dramatic critic of The 
Citizen. Max Steam, Southern The- 
ater, was a holdover director. 


"Mechanix Illustrated" 
(No. 1) 
(The Color Parade) 
Warners 10 Mins. 

Effective Subject 
Reel, first of a new series made 
in co-operation with the Fawcett Pub- 
lications and directed by Ira Genet, 
comprises a quartette of interesting 
subjects, — jewel polishing, English 
chinaware manufacture, uses of pol- 
arized light in train windows and 
auto windshields, and the manner 
in which the huge billboard signs 
are painted. Diversity of these 
items aids the reel's audience ap- 
peal. Footage is photographed in 
color throughout. Patrons are bound 
to like especially the portion de- 
voted to polarized light. 

"Housing in Our Time" 

U. S. Housing Authority 20 mins. 

Good Documentary 

How Uncle Sam co-operates with 
local housing authorities in the vital 
matter of supplanting slums with 
modern dwellings is told interest- 
ingly and thoroughly in this two- 
reeler which Harold McCracken, of 
Courier Productions, Inc., capably 
produced for the U. S. Housing Au- 
thority, of which Nathan Straus is 
Administrator. The footage attacks 
the intricate subject of slum elimina- 
tion with frankness and energy, with 
the result that there is a good deal 
of human interest and power in the 
exposition undertaken. Because of 
the bearing which public housing has 
upon millions of citizens' lives, this 
picture deserves wide showing. Mc- 
Cracken has taken a typical com- 
munity, Jacksonville, Fla., and a 
specific family residing therein. 
Then is traced exactly what happens 
until this same family is finally pro- 
vided with modern, sanitary quarters 
in which to live, as contrasted with 
the unhealthy and virtually unbear- 
able conditions which existed in the 
slums. Alois Havrilla narrates the 
picture's content very effectively. 

"The Blue Danube Waltz" 


10 mins. 

Music Lovers' Delight 

"The Blue Danube Waltz." known 
to all, and since its first public rendi- 
tion a tremendous favorite through- 
out the world, has never been more 
appealingly presented than it is in 
this short. Under the direction of 
Frederick Feher, the National Phil- 
harmonic Orchestra of the United 
States interprets the immortal Johann 
Strauss waltz in all its beauty. 
Watching the great orchestra in ac- 
tion is a treat in itself, and with this 
particular piece of music as the 
offering the first of Paramount's 
new season Symphonic shorts should 
get an excellent reception. 

"Blamed For a Blonde" 

with Roy Atwell 

RKO 16 mins. 

Fairly Amusing 

Roy Atwell and his stuttering 
juxtaposition of the King's English 
are brought back to the screen in 
this release. Atwell is funny, but the 
story material is ordinary. Shopping 
for a present to give his wife, he 
meets Marion Martin in a depart- 
ment store where she is demonstrat- 
ing aluminum cooking ware. She 
sells him a set of aluminum, but 
when he gets home his wife accuses 
him of flirting with a salesgirl due 
to a neighbors' misinformation. His 
wife leaves for her mother's and 
Marion arrives to give a demonstra- 
tion. When Atwell's wife returns 
to give him another chance and 
Marion's boy friend storms into the 
apartment looking for her there is 
confusion aplenty. 

"Going Places" 

Universal 9 1/3 mins. 

Good Travelogue 

Africa, the land of witch doctors 
and mystery, provides the back- 
ground for this reel. Starting in 
Beira, a busy East Africa seaport, 
we travel to the Rhodesian uplands. 
Traveling over a single track rail- 
way through dense jungle we finally 
reach the open and rolling Rhodesian 
veldts. Tea plantations, cattle herds, 
mills, factories, mines and beautiful 
estates are seen. An interesting con- 
trast is presented between the high- 
ly developed areas and the virgin 
country close at hand, which is still 
just as wild as it was before the na- 
tives were subdued. Another inter- 
esting paradox is the Zimbabwee 
fortress, an imposing structure that 
once must have been the central 
stronghold of this part of Africa in 
the days when the world's gold trade 
was chiefly here. Today the fortress 
is deserted and mostly in ruins, but 
its historical story has never been 

"Sheep In the Meadow" 

(Terry Toon) 

20th-Fox 7 mins. 

The Wolf Is Foiled 

A rustic little melodrama is un- 
veiled in this new Terry Toon, with 
the wolf getting his just deserts. The 
sheep are out in the meadow, guard- 
ed by the watchman. He falls asleep 
and the wolf sneaks up and steals 
his horn. They are lured to the 
wolf's hiding place, but escape. How- 
ever, the wolf captures Mary's pet 
lamb and is on the verge of pop- 
ping the innocent victim into the 
proverbial stew pot when the hero 
effects a daring rescue. The kids 
will like this one immensely. 

"The Little Lost Sheep" 

Columbia 7 mins. 

Fair Cartoon 

Little Bo Peep discovers that one 
of her sheep is missing when she 
counts noses in school. The errant 
sheep in wandering through the 
woods is tricked by the wolf into 

going to his favorite picnic grounds. 
However, Miss Bo Peep enlists the 
services of the redoubtable detective, 
Krazy Kat, and the day is saved 
when Krazy and his hounds track the 
wolf down and capture him. 

"Vote Trouble" 
(Vitaphone Variety) 
Warners 10 Mins. 

Lots of Laffs 
Presenting the Grouch Club, one 
can expect a lot of laughs in this 
one, — and they're not disappointed, 
for amusing episode falls rapidly on 
amusing episode. Subject should 
be a wow in any stand, particularly 
those wishing to capture the hu- 
morous side of political elections, 
which will be with us in many parts 
of the land in another few weeks. 
The screenplay tells of a plumber 
who is nominated by his fraternal 
pals to run for alderman. The poor 
guy doesn't want to be elected, but 
in spite of hell and high water, he 
is. During the campaign, he is 
blasted in the press as a wife-beater, 
but regardless of everything, he is 
the people's choice. Footage is con- 
sistently funny and will click in all 
types of houses and with their di- 
verse audiences. 

"The Fresh Vegetable Mystery" 

Paramount 7 mins. 

Amusing Cartoon 

Crime invades the vegetable mark- 
et in this new Max Fleischer color 
cartoon. Mrs. Carrot suddenly wakes 
up to discover her children have 
been kidnapped. The Irish potato 
police are put on the trail of the cul- 
prits, but the various suspects they 
round up fail to be the right crim- 
inals. The cops eventually track 
down the criminals, who turn out to 
be a gang of mice in disguise. 
Thrown into the mouse trap, the car- 
rot-nappers are soon fighting among 
themselves and confess everything. 

"The Wrong Room" 

with Leon Errol 

RKO 19 mins. 

Hilarious Comedy 

The irrepressible Leon Errol is 
just as funny as ever in this new 
RKO short. His legs perform their 
usual amount of rubbery antics 
along with all the other complica- 
tions. Anybody will get a laugh out 
of Errol's troubles in this short. He 
is an authority on charming strang- 
ers and currying favor with folks, 
and also very drunk. He returns to 
his room in a Southei'n hotel after 
a hectic party and gets in the wrong 
room. Finding a woman in the room 
he is more than somewhat perturbed 
as he is already married, and all the 
signs point to his just having mar- 
ried this girl. She is the wife of an 
attorney, and they have just been 
married. Errol, hires the attorney to 
square things for him after more 
complications, but when his own wife 
arrives and the attorney finds out 
that Errol is the man who has been 
scaring his wife, he is really in hot 

Thursday, October 12, 193? j 


{Continued from Page 1) 

distributors, and is expected to close 
contracts very shortly. 

United Detroit Theaters, Para- 
mount-affiliated group, has not 
signed with any companies to date, 
but is understood to be on the point 
of general signature. 

Universal Reported Talking 

Pact With Jules Levy 

(Continued from Page 1) 

ports that he may become identi- 
fied with production. 

Blumberg last night admitted that 
negotiations with Levy had been on 
but declined to say how far they 
had gone. 

Cleveland Variety Club 

Elects Officers Today 

Cleveland — In accordance with the 
new Variety Club constitution the 
Cleveland Club has elected a crew 
of 11 members who will meet to- 
day to elect officers for the ensuing 
year. The crew, successor to the 
board of trustees, consists of "Duke" 
Clark, Paramount branch manager; 
Bert Stearn, United Artists district 
manager; Frank Boyd, local repre- 
sentative for American Seating Co.; 
Dave Miller, Universal district man- 
ager; Jerome Friedlander, attorney; 
Nat L. Lefton, Republic franchise 
owner; I. J. Schmertz, 20th-Fox 
branch manager; Lester Zucker, Co- 
lumbia branch manager; A. M. 
Goodman, United Artists branch 
manager; Eddie Miller, manager of 
Warners' Hippodrome and Manny 
Landers, orchestra leader. 

Films Checked by Chicago 
Censor Show 5% Increase 

Chicago — Number of films checked 
by the Chicago Police Censor Board 
shows an increase of 5 per cent, up 
to Oct. 1 over the same period last 
year, according to Lt. Harry Cos- 
tello, chief of the Bureau. Total of 
5,272,000 feet of film was checked 
from Jan. 1 to Oct. 1. Of the 1,225 
films reviewed, 11 were rejected. 
Cuts were made in 274 films and 32 
were "pinked" for the adult trade. 

REVIEWS Of n€W f B L m S directors pledge 

"History Repeats Itself" 

(Vitaphone Variety) 

Warners 10 mins. 

Very Amusing 

Ability of the well-known Radio 
Rogues to mimic leading personali- 
ties of the entertainment world is 
the basis for this tab reel which is 
very amusing. The three Rogues 
are hired by an inventor to enact 
historical characters and more re- 
cent notables, too. Reason for the 
hiring is that the inventor has an- 
nounced that he has a device by 
which one is enabled to "tune in" on 
any historical event since the begin- 
ning of time. The district attorney's 
office hears of the contrivance and 
seeks it out. During the demonstra- 
tion, the Radio Rogues imitate Jim- 
my Durante, Ned Sparks, Baby 
Snooks, Lionel Barrymore, Edward 
G. Robinson, Bing Crosby, Bob 
Burns, Jack Benny, Rochester, Ben 
Bernie and Charles Laughton. The 
district attorney is visually and un- 
mistakably apprised of the hoax 
when something goes awry and the 
Radio Rogues' auto crashes out into 
the room from behind their screen. 
Lloyd French directed, — and well. 

B & K Using Premiums 

In Nine Chi. Theaters 

Chicago — Balaban & Katz is now 
using premiums at the Biltmore, 
Crystal, Senate, Will Rogers, Nor- 
shore, Belpark, Terminal, Alba and 
Coronet theaters. 

SRA to Open Office 

Bethlehem, Pa. — Smith Roadshow 
Attractions will open an office here 
about Oct. 15. Distribution of ap- 
proximately 32 features in Penn- 
sylvania and Ohio is planned. 

"Pack Trip" 

(RKO Pathe Reelism) 

RKO 9 Mins. 

Slick Reel 

Frederic Ullman, Jr., has produced 
another slick subject, this time 
selecting famous Sun Valley, west- 
ern vacation wonderland which is 
the apple of the Union Pacific's eye, 
as the locale. Camera depicts the 
sport and romance it is to pack along 
as a member of the equine train, 
whose sure-footed mounts transport 
the visitors at Sun Valley along the 
breath-taking scenic trails prevalent 
around the renowned resort. Pho- 
tography is excellent, and the foot- 
age sure to score with anyone and 
everyone having even a nodding ac- 
quaintance with the Great Outdoors. 

"The Orphan Duck" 

(Terry Toon) 

20th-Fox 7 mins. 

Amusing Cartoon 

Young and old alike will enjoy this 
short. Done in Technicolor, it is one 
of the best Paul Terry has turned 
out. The kids will be highly amused 
at the antics of the animals in the 
film and the grown-ups will be as 
amused with some sly and subtle 
passages. An orphan duck, black 
as the ace of spades, conceals him- 
self in a chicken shell. When sir 
rooster, the lord and master of the 
barnyard, discovers the black duck 
among the brood of chicks one of his 
wives has produced there is consid- 
erable consternation and he boots the 
duck out. However, after the young 
duck rescues a chick from drowning 
all is forgiven. 

"The Building of Boys" 

Columbia H mins. 

Holds Deep Interest 

Narrated by Lowell Thomas, this 
short is an object lesson in what can 
be done by America to remove in- 
fluences likely to misguide youths 
who live in slum areas. It shows 
what the Boy's Clubs are doing, and 
hope to do, to steer every boy into 
the paths of honesty and industry. 
It is a timely story of boys in the 
world's greatest Democracy today. 
The film also should stimulate public 
assistance for one of the most worth- 
while movements in our time. 

"Clocking the Jockeys" 

(Sports Review) 

20th-Fox 11 mins. 

Interesting Sport Reel 

Many thousands of feet of film 
have been devoted to the horses that 
run the races in the so-called "sport 
of Kings," but in the final analysis 
it is the jockey who really wins 
most races. The reel opens with the 
start of a day for horses and jock- 
eys, five a.m. in the morning. The 
pint-sized jockeys are shown exercis- 
ing their horses along with training 
boys. Then we see the boys boiling 
off excess weight with rigorous 
training and dieting sessions. Then 
the boys are shown weighing in for 
a race and what constitutes their 
gear. The race run, the jockeys must 
once again be weighed before they 
either call it a day or change their 
silks for another race. 

"Cupid Rides the Range" 

RKO 18 mins. 

Very Weak 

Designed as a musical short, the 
lack of material makes this a weak 
effort. A singing cowboy is in love 
with the daughter of a rancher, but 
she is engaged to the man who holds 
the ranch mortgage. The marriage 
is stopped by a friendly sheriff and 
the cowboy gets his girl, the villain 
gets a hired serving girl as his bride 
and the mortgage is torn up. Sev- 
eral musical numbers in the picture 
are fair. Cowboy hero's name is Ray 
Whitley, and the reel is labeled as a 
Ray Whitley Western Musical. 

"Remember When" 

(Broadway Brevity) 

Warners 20 Mins 

Will Please Patrons 

To bring the entertainment com- 
ponents into a logical and show- 
man-like relation, the background of 
this short is an old-time dance and 
music hall of the "turn of the cen- 
tury" vintage. The Eton Boys war- 
ble institutional pop songs as they 
preside over the scene as waiters 
Joe Sodja plays a swift and hot 
banjo, while the Three Wiles con- 
tribute some neat hoofing. A lot 
of laughs are gleaned by Rags Rag- 
land in a skit about baseball. The 
finale consists of the staging of a 
minstrel show. Lloyd French's di 
rection of this tab two-reeler is ef- 
fective, and the footage contains 
plenty of audience fare. 


(Continued from Page 1) 

ident George J. Schaef er of RKO Ra- 
dio, had appeared before the board 
asking that it recommend that RKO 
directors accept the cuts that ?" \aef- 
er had asked of them. SchaeV, /' de- 
clared that his request for cuts was 
made because of reduced foreign 
grosses, but that he was agreeable 
to returning any cuts in percentage 
to the amount of the foreign 
grosses received by his company with 
the last year's collections taken as 
a basis for such returns. 

A member of the Guild's board de- 
clared that "Our beard and our Guild 
are unanimous to co-operate to any 
reasonable extent with the studios, 
their distributors and their theaters 
in any effort to keep pictures in work 
and in producing them at reasonable 
cost. We will contribute to any ac- 
tivity or any readjustment necessary 
to accomplish this, but first we must 
be shown the necessity for such ac- 
tion, particularly in the matter of 
reductions in salary, and be sure 
that all other branches of produc- 
tion, distribution and exhibition are 
offering the same assistance." 


Gibraltar Enterprises 

Increase Circuit to 43 

Denver — E. J. Allen has sold his 
Orpheum and Colorado theaters at 
Glenwood Springs to the Gibraltar 
Enterprises, Inc., group, giving them 
a total of 43 houses in the Denver 
area. About $12,000 will be spent 
on modernizing both houses, and the 
Colorado will be reopened after hav- 
ing been closed for several years. 
For the present the house will be 
included in the E. J. Schulte group. 

No French Film Shortage 

in Prospect for Canada 

Montreal — France Films has suffi- 
cient French films available for the 
next two years, according to J. M. 
DeRoussey, commercial manager. 

Dime Advance In Lincoln 

Lincoln, Neb. — First price raise in 
Lincoln for a year was Howard Fed- 
erer's placing of the Varsity, 1,100- 
seater playing "A" releases, at 25-35 
cent scale, which is 10 cents higher 
than it has been. 

Lombard on Story Hunt 

West Coast Bureau of THE FILM DAILY 
Hollywood — David Selznick now 
plans to star Vivien Leigh rather 
than Carole Lombard in "The Flash- 
ing Stream" and hence has told Miss 
Lombard to find her own suitable 

Morros Options "The Hero" 

West Coast Bureau of THE FILM DAILY 

Hollywood — Boris Morros has 
taken an option on "The Hero" by 
Melchior Lengyel who authored 



2 H W 44TH ST 

Intimate in Character 
International in Scope 
Independent in Thought 





Daily Newspaper 1 
Motion Pictures 
Twenty-One Years Old | 

VC L )76. NO. 73 



England* s Theater Biz Increases/ Now 80% of Normal 


Expect U- S. Films Will Show Gains in Swiss Market 

Finish Fight 

, . . on Neely bill 


UNLESS ail the signs fail, the next ses- 
sion of Congress will see one whale 
of a finish fight staged over the so-called 
Neely anti-block-booking and blind-selling 

The reason is fairly obvious. With the 
backers of the bill — and that means Al- 
lied insofar as the industry is concerned — 
it's another case of do or die. Failing to 
secure favorable House action before the 
regular session adjourns, last session's Sen- 
ate victory becomes an empty one, and 
the measure's advocates face the prospect 
of starting all over again. 

There are several factors working against 
Allied. Rep. Clarence F. Lea, D., Calif., 
chairman of the House Interstate Com- 
merce Committee, has promised that there 
will be "full hearings" for the bill. Such 
a course will require time; the Senate 
hearings this year spanned a 15-day period. 
And the House committee will not be 
inclined to set aside anything like that 
amount of time until pressing legislative 
problems arising from the European war 
are out of the way. 


THEN, too, there is the interesting state- 
' ment made this week by Ed Kuykendall, 
MPTOA prexy, hinting that there have 
been desertions from the ranks of or- 
ganized groups supporting Allied s position. 
A withdrawal of such support, substan- 
tiated at the House hearings, necessarily 
would have marked effect, for Allied has 
relied heavily upon their backing in the 

For a third factor — and do not dismiss 
it lightly — there is the growing public 
antipathy to government regulation and 
control. It stems, of course, from what 
has happened and is happening abroad. 
John Q. Public, taking stock, wants no 
part of it, and regardless of its avowed 
remedial aspects, the Neely bill IS the 
first step towards specific Federal regula- 
tion of the film industry. 

ND as for such regulation and its 
L dangers, read these two paragraphs 
(Continued on Page 2) 

War May End American 

Worry Over Curtailment 

of Allotments 

Berne (By Cable) — Despite unset- 
tled conditions in Switzerland's film 
trade, due to the current hostilities, 
films imported from the U. S. are 
expected to show a marked gain over 
and above the dominance they cur- 
rently enjoy. 

Further, the war's effect upon 
neighboring belligerents' production 
and distribution activities is held 

(Continued on Page 7) 


Arnold to Conduct 
Anti-Trust Seminar 

New Haven — Thurman W. Arnold, As- 
sistant Attorney General will return to 
Yale from Washington within two weeks 
to conduct a bi-weekly Yale Law School 
seminar on anti-trust legislation and 
law enforcement. By means of the 
course, Arnold maintains his university 
contact, since he is still on a prolonged 
leave of absence from Yale to fulfill his 
D of J post. Next Wednesday, Arnold 
opens the Jewish Center Open Forum 
series with a talk on "The Relationship 
of Government to Business." 

St. Louis — Local B2, ushers, cash- 
iers, doormen and janitors, has au- 
thorized the executive board and 
wage scale committee to call a strike 
if necessary to enforce the union's 
demands for higher scale in approxi- 
mately 65 indie theaters. Latter em- 

(Continued on Page 7) 

Philbrook, Gen'l Chairman 
for W. Pa. MPTO Conclave 

Pittsburgh — Committees for the 
annual convention of the MPTO of 
Western Pennsylvania at the Roose- 
velt Hotel here Oct. 23-24 were an- 

(Continued mi Page 7) 


Possibility that the dispute within 
the 4 A's over the question of juris- 
diction in the television field will be 
settled shortly was foreseen yester- 
day, when it was learned that the 
AAAA unions interested in the field 
have been secretly negotiating. In- 
creasing number of television shows 

(Continued on Page 7) 

Picture Under 5,000 Feet 
Not a Feature in Australia 

Sydney (By Cable)— The new 
standard film contract, which classi- 
fies a feature picture as one 5,000 
feet or more in length, is being in- 
voked by exhibitors against pictures 

(Continued on Page 7) 

English Theater Business Gains 10% 
in 2 Weeks/ But 20% Below Normal 

Will Air 20th Century-Fox's 
'Drums' on Kate Smith Prog'm 

West Coast Bureau of THE FILM DAILY 

Hollywood — A dramatization of 
20th Century-Fox's "Drums Along 
the Mohawk" will be aired on the 
Kate Smith program Nov. 3. It will 
be produced by Bill Bacher in asso- 
(Continued on Page 6) 

Theater business in war-time Eng- 
land continues to improve. Patron- 
age, according to latest cables re- 
ceived by major companies' home of- 
fices, is reported to be only 20 per 
cent below normal. This represents 
a 10 per cent rise during the last two 

Considering the fact that theaters 

(Continued on Page 3) 

Divorcement Demands Stands, 
Declares Assistant At- 
torney General 

Washington Bureau of THE FILM DAILY 

Washington — Reports current in 
New York, and finding credence in 
some quarters, that the Department 
of Justice was pointing towards a 
compromise settlement of its New 
York equity suit were dismissed as 
without foundation here yesterday 
by Thurman Arnold, Assistant At- 
torney General and chief of the 
anti-trust division of the Depart- 

Arnold gave a direct "No," ans- 
wering a question as to whether 
the Government would modify 
its divorcement demand, foun- 

(Continucd on Page 3) 


Broadway's pix palaces, favored by 
clear, crisp weather and the advan- 
tage of solid b.o. attractions, discov- 
ered Columbus Day business heavy 
from opening until closing. Man- 
agers of the big stands last night 
generally agreed that grosses were 
above normal for the holiday. 

Attendance at Radio City Music 

(Continued on Page 7) 

Richmond Talks Distrib. 

Deals With Major, Mono. 

Ted Richmond, former publicity di- 
rector for the old Grand National 
company, is in New York for the 
purpose of closing two distribution 
deals. Richmond, who is now a pro- 
ducer, is negotiating with Monogram 

(Continued on Page 7) 

Quadruplets Out 

Chicago — The Rosewood, stronghold of 
the four-feature program, went to triples 
this week. 

Thirteen houses are now using triples, 
24 others feature premiums. 


Friday, October 13, 1939 


Vol.76, No. 73 Fri., Oct. 13, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y , 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sejt. 8, 1938, 
at the post-office at New York, N. Y. , under 
the act of March 3. 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118. 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk. 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St 
W. I. PARIS— P. A. Harle. La Cinematog 
raphie Francaise, 29 Rue Marsoulan (12) 
MEXICO CITY— Marco-Aurelio Galindo 
Depto. 19, 5A. Dr. Lucio No. 102, Mexico 
D. F. BUENOS AIRES— Chas de Cruz 
Heraldo Del Cinematografista, Corrientes 1309 

Copyright 1939. by Wid's Films and Film 
Folk, Inc. All rights reserved. 

Finish Fight 

. . . on Neely bill 

(.Continued from Page 1) 

extracted from the Chicago Tribune's Gol 
den Jubilee editorial: 

"The movies got their start long before 
the planned society was recommended as 
a cure for all our ills. One wonders what 
the movies would amount to today if the 
industry had been subjected from the 
beginning to governmental control. Would 
the burocrats have allowed it ever to 
emerge from the nickelodeons? Would 
the big expansion which resulted from big 
profits ever have taken place if the 
profits had been held in check? Would 
there have been any incentive for im- 
provement? Would we have talkies and 
Technicolor? Would Hollywood have been 
able to attract its corps of writers, actors, 
and technicians? 

"The questions answer themselves. The 
burocrats can suppress, but they cannot 
invent and improve. Individual men and 
women, in pursuit of their own ambitions 
and ideals, created the moving picture in- 
dustry and the moving picture art. There 
is still room for improvement, but this is 
not the time to find fault. This is the 
time to congratulate every man and wo- 
man who had a part to play in the 
amazing growth and development." 

WB Seeking School Support 
for Historical Featurets 

f inn num. 

(The New York Stock, Bond and 
Curb markets were closed yesterday 
because of the Columbus Day holi- 
day) . 

Leichter Adds Footage 

to "She Goes to War" 

West Coast Bureau of THE FILM DAILY 

Hollywood — Mitch Leichter is now 
cutting "She Goes to War." He has 
finished shooting some more material, 
bringing the picture up to the min- 
ute. "She Goes to War" was released 
some years ago by UA. Leichter will 
leave for the territory with the pic- 
ture in about four weeks. 

"Beau Geste," War Casualty 

Toronto — Due to objections by the 
French consul, "Beau Geste," will 
not be shown in Ontario during the 
war. The film had been approved by 
the Ontario Film Appeal Board. The 
film already had been banned in Que- 

Rites for Mrs. Ritz 

Funeral services for Mrs. Charlotte 
Ritz, wife of Harry Ritz (Ritz Bros.), 
were held yesterday at the Riverside 
Memorial Chapel, with interment in 
Mt. Lebanon Cemetery, Glendale. 
Death was due to pneumonia. 


Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


Warners is launching a nation- 
wide campaign under the personal 
supervision of Charles Einfeld, ad. 
and pub. chieftain, and Mort Blumen- 
stock, Eastern head, to plug its pro- 
gram of historical featurets through 
school co-operation. 

New drive stresses the shorts as 
an adjunct to history courses. Dur- 
ing the 28th annual meeting of the 
New York State Association of Dis- 
trict School Superintendents this 
week, unqualified endorsement of the 
series was given Warners by the 
educators present, it was said. It is 
expected that they will plan showings 
in local theaters in their districts 
which will be attended by the stu- 
dents en masse. 

commc nnn goidg 

N. L. NATHANSON is in New York on busi- 

HERBERT J. YATES, CFI prexy, arrives in 
New York on the week-end from the Coast. 

CENE AUTRY arrives in New York frv - Hol- 
lywood today via American Airlines 1?" rtend 
the rodeo. 

leave Salt Lake City tonight for Detroit to at- 
tend the premiere there of Paramount's "Dis- 
puted Passage" on Oct. 19. 

composer, leaves for the 
'Of Mice And Men." 

Use New Pix to Bolster 
Continued Runs' 2nd Week 

Milwaukee- — On continued runs at 
its local first-run houses here, Fox 
has been bringing in new attrac- 
tions for the second week to swell 
business. Example is "Beau Geste," 
which during its first week was 
dualed with "Night Work" at the 
circuit's Palace and with "Thousand 
Dollar Touchdown" during its sec- 
ond week. Similarly, "The Old 
Maid," continued for a second week 
from the Warner, was dualed with 
"Golden Boy" during its first week 
in Fox's Strand and with "Mr. Moto 
Takes A Vacation," a first Milwau- 
kee showing flicker, for its second 
week. Soloed during its first week 
at Fox's Wisconsin, "The Women" 
was paired with "Miracles for Sale" 
the second week. 

From Lt.-Col. to Capt. 

Washington Bureau of THE FILM DAILY 
Washington — James Roosevelt, 
Sam Goldwyn's vice-prexy, has re- 
signed his commission as lieutenant- 
colonel in the U. S. Marine Corps and 
applied for a commission as captain 
instead. The President's son said he 
felt that the lower rank would be 
more in keeping with his age — 31 — 
and experience. 

Simpson Back at 20th-Fox 

West Coa t Bureau of THE FILM DAILY 

Hollywood — Russell Simpson, who 
has just finished "Drums Along the 
Mohawk," at 20th Century-Fox, re- 
turns to the same studio to play the 
role of "Pop" in "Grapes of Wrath." 
John Ford is the director of both 

Virginia Censors Report 

Record Profit of $17,253 

Richmond, Va. — Film censorship 
in this state returned a record profit 
of $17,253.43 for the fiscal year 
ending July 1, according to the Di- 
vision of Censorship's annual report. 
Total receipts were $36,540. 

Original films numbering 1,404 
were screened with a total footage 
of 4,931,000.41. Deletions of scenes 
and dialogue were ordered in a to- 
tal of 10 pictures. Four films were 
rejected in toto. Courts reversed 
the decision in the instance of "The 
Birth of a Baby." 

Col. Peter Saunders is chairman 
of the board, and the other two 
members are Mrs. Elizabeth Chalk- 
ley and Mrs. Edith Roberts. 

Horton Off for Legit. Tour 

West Coast Bureau of THE FILM DAILY 

Hollywood — Edward Everett Hor- 
ton leaves today for Baltimore where 
he opens his legitimate stage appear- 
ance at the Ford Theater, Oct. 19, in 
"Springtime for Henry," the play by 
Benn Levy. Gordon Richards, Bar- 
bara Brown and Marjorie Lord will 
support Horton. After three days 
in Baltimore, the company will go on 
to Albany, Rochester, Buffalo, Pitts- 
burgh, Columbus, Indianapolis and 
Chicago. Lawrence Rivers is produc- 

Lamont Completes "U" Pix 

West Coast Bureau of THE FILM DAILY 
Hollywood — Charles Lamont has 
completed the direction of "Little 
Accident," featuring Baby Sandy. 
Lamont also directed "Unexpected 
Father" in which Baby Sandy played 
a prominent role. 

Coast today to score 

VYVYAN DONNER, producer of Fox Movie- 
tone's "Fashion Forecasts," is in Pittsburgh. 

CHARLES COHEN, of the Metro publicity de- 
partment, is in Boston for a week's vacation. 

ARTHUR ABELES, Warner manager in Bra- 
zil, leaves for Rio on Oct. 20 after a visit here 
for home office confabs. 

RICHARD MARVIN, William Esty vice-presi- 
dent, flies from Hollywood this week-end to 

WATTERSON ROTHACKER and his wife are 

visiting friends in Kentucky. 

CONSTANCE BENNETT flew in from the 

Coast yesterday via American. 

CHESTER MORRIS arrives here tomorrow from 
Hollywood for a vacation. 

DICK POWELL leaves the Coast this week-end 
for New York, stopping in Washington en route. 

FRANK SELTZER arrives here next week from 

TED RICHMOND, producer, is here for a 

BERNIE KRANZE, manager of RKO exchange, 
of Universal have returned to Albany from 

JACK WALSH, M-G-M exploiteer, had his 
parents, MR. and MRS. M. F. WALSH of Cleve- 
land, O., as Albany visitors this week. 

MITCH PANZER, Monogram booker and of- 
fice manager, has returned to Albany from ; 
visit to the home office. 

Blythe Action on Trial 

Charlotte— Trial of the $250,000 
copyright infringement suit of Le- 
gette Blythe of Charlotte against 
Loew's, Inc., and M-G-M is under 
way in Federal District Court here, 
Judge E. Y. Webb presiding. Blythe, 
author of the novel, "Marshal Ney: 
A Dual Life," charges that defen- 
dants made illegal use of his book 
in producing the film "The Bravest 
of the Brave," 

Tracy Rites Tomorrow 

Mrs. Josephine Tracy, mother-in 
law of John J. O'Connor, vice-presi 
dent and general manager of RKO 
Theaters, died yesterday at New 
Rochelle. Funeral sex-vices will be 
held at Holy Family Church, New 
Rochelle, at 10:30 tomorrow morning 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 


Harry Hershfielc 

Irene Rich 

Lillian Gish 
Benita Hume 

Ina Claire 


Harry Webb 

Cyril Gardner 
Pert Kelton 

Mervyn LeRo^ 

Friday, October 13, 1939 




{Continued from Page 1) 

in London and the provinces are clos- 
ing from two to four hours earlier 
than under peacetime conditions, it 
can be seen that theater business is 
a PlL. jching normalcy. 

It was pointed out at the M-G-M 
foreign department that patronage 
in English theaters is a fair barome- 
ter of distribution grosses, inasmuch 
as practically all of the theaters play 
on a percentage basis. 

Provided there is no drastic money 
restriction from England, losses to 
American film companies will be well 
below anticipations, foreign depart- 
ment executives contend. 

i« Six New Films Started 

in Hollywood Studios 

West Coast Bureau of THE FILM DAILY 

Hollywood — Six new pictures went 
into work this week. The list: 

At Paramount: "Safari" with 
Madeleine Carroll and Douglas Fair- 
banks, Jr. Harry Sherman's "The 
Light of Western Stars" starring 
William Boyd. 

At M-G-M: "The Earl of Chicago" 
starring Robert Montgomery with 
Edward Arnold and Reginald Owen 
in featured roles. 

At Universal: "No Power on 
Earth" with Victor McLaglen and 
Jackie Cooper. 

At Monogram: Edward Finney 
will place "Roll, Wagons, Roll" into 
production starring Tex Ritter. 

At Producers Pictures Corp.: 
"Buried Alive" with Robert Wilcox 
and Beverly Roberts. 

Switch WB Chi. Managers 

Chicago — Warner Theaters are 
making many personnel changes here. 
Marlowe M. Conner has been named 
manager of the Avalon Theater and 
is succeeded at the Rhodes Theater 
by Everett Erickson of the Odgen 
Theater. Marcel B. Brazee, Avalon 
manager, goes to the Parthenon The- 
ater at Hammond. John P. Field, 
manager at the Grove Theater, goes 
to the Odgen Theater, John J. Ma- 
loney, Cosmo manager, is named for 
the Grove Theater post, while Ray- 
mond J. Kennedy, assistant manager, 
is promoted to managership of the 
Cosmo Theater. Truman Randall is 
advanced from the Avalon Theater 
to te Capitol Theater. 

Pittsburgh — Sidney Soltz, manager 
of the Rhumba Theater, Pittsburgh, 
operated by his father, Jake Soltz, 
will be married on Sunday to Miss 
Harriet Moses. 

PlilLM. DALTi 

• • • SOMETIMES it's a liability for Mr. Exhib. to be overly 

star-conscious for there are definite instances of this state of 

mind being synonymous with unconsciousness particularly 

with respect to a film's inherent strength and merit A peach of 

an example of a powerful pix potent in its ability to enthuse 

audiences one which isn't star-studded like some of its contem- 
poraries but is a gross-grabber de luxe if given a special selling 

campaign is Paramount's new comedy "What a Life" 

starring Jackie Cooper and Betty Field a film version of the 

stage play which wowed jaded Broadway for a mere 16 months. 

▼ T T 

• • • YESTER morn the New York Times in the very 

first sentence of its review of the film labeled the attraction 

"one of the year's better and brighter comedies" and opined 

that Paramount had succeeded in actually gilding the lily 

Broadway is getting the film actually in the wake of several other 

national stands and since it debut-ed only a day or two ago 

at the local Paramount it is a bit early for b.o. returns 

But up to the witness stand for solid "character references" can be 

called previous performances such as in Memphis, Worcester, 

Providence, Poughkeepsie, Denver and Boston 

T T T 

• • • In Memphis, "What a Life" was sold to Warners -who got 

behind this college pix with a whale of a campaign and 

biz was as big in that city as for "Honeymoon in Bali" one of Para.'s 

ace attractions with Madeleine Carroll and Fred MacMurray 

two sure-fire marquee-selling names Similar exhib. co-op 

erafion was accorded in Worcester where receipts beat "Invita- 
tion to Happiness" and were neck-in-neck with take on "Man About 

Town" (lack Benny, et al!) Supported in showmanlike fashion in 

Providence, "What A Life" outgrossed "Man About Town" and 

neck-in-necked it with "Invitation to Happiness" In Denver and 

Boston biz was big or if you prefer another hunk of allitera- 
tion coin clinked consistently All of which proves 

at least in the instance of "What A Life" that quality can be as 

lofty as the "stars" 

T T T 

• • • THAT Warners did a real job in Memphis on "What 

a Life" is not surprising in view of what they did in 

Philly with M-G-M' s "Babes in Arms" for the WB boys 

sold the Daily News there the idea of running off the first 30,000 

copies of the newspaper with the screaming headlines on 

Page One reading: "Babes in Arms Take Phila. By Storm" 

and all Page Three told about the pix A marvelous 


T ▼ T 

• • • COLUMBUS Day brought an important discovery 

From UA's publicity dept. burst word that a new song will be intro- 
duced in Walter Wanger's oncoming production "Send Another 

Coffin" "Cupid's After Me" That combination will go a long 

way to abolish those petting parties in your second balcony 

T T T 

• • • YEZZIR on Nov. 27 the night will be filled 

with music as virtually every "name" band anywhere abouts, 

including Russ Morgan, Ella Fitzgerald and Blue Barron 

blasts gold notes in Madison Square Garden where there will 

be on tap the annual Music Festival of the Medical Bureau, Musi- 
cians' Union Local 802 This big benefit night will assist 

the Musicians' Sick Fund There will be dancing to dawn 

in wake of a huge symphonic concert 


(.Continued from Page 1) 

dation stone of the suit, if the maj- 
ors dropped block-booking or blind- 
selling or both. Further, said Ar- 
nold: "There will be no compromise." 
At the Department, it was pointed 
out that the fact the Government 
was pressing for an early trial date 
in itself was ample refutation of 
rumors that the D of J was "back- 
ing down." It was suggested, fur- 
ther, that the triple investigation by 
a Federal Grand Jury on the West 
Coast of industry matters indicated 
that "appeasement" was hardly in 

Detroit Variety Club 

Names Crew, Delegates 

Detroit — Detroit Variety Tent No. 
5 has elected this new crew (board 
of directors) : 

Jack Saxe, treasurer, Monogram 
Pictures; David Newman, Pasadena 
Theater; William Carlson, Carlson 
Studios; Lew Wisper, Wisper & 
Wetsman Circuit; Harold C. Robin- 
] son, Film Truck Service; John How- 
ard, Paramount branch manager; 
: William Flemion, president, Excel- 
lent Pictures; Barney Kilbride, cir- 
cuit operator; Edgar E. Kirchner. 
manager, Family Theater; Charles C. 
Perry, manager, Adams Theater; and 
William Hurlbut, franchise holder, 
! Monogram Pictures. 

William Carlson and Charles C. 

j Perry were elected as delegates to 

I the national convention at Dallas, 

with Edgar E. Kirchner and John 

Howard as alternates. Perry was 

also elected as national canvasman. 

Report of the treasurer, Jack Saxe, 
showed receipts of $3,486 from dues 
' last year. Membership in all classes 
has increased from 195 to 239, with 
the addition of 23 new associate 

Standard Chartered 

Albany — Standard Pictures Dis- 
tributing Company, Inc., Manhattan, 
has been formed with capital stock 
amounting to $75,000 in $100 shares. 
Chai'ter papers show subscribers to 
be George E. Trainer, Marilyn Kap- 
lan, and Sylvia Dauber, all of New 
Yox-k City. Counsel is Ludwig M. 

Loew-Poli's Kash Kwiz 

Waterbury — The Loew-Poli will 
try a new Kash Kwiz idea, with mem- 
bers of the audience answering ques- 
tions for cash and merchandise 
prizes. The game will be a weekly 
Tuesday feature. 


West Coast Bureau of THE FILM DAILY 

Hollywood — A son has been born 
to Mr. and Mrs. Phil Epstein at St. 
Vincent's Hospital. Father is a War- 
ners' writer. 


Friday, Oct. 13, 1939 







Exhibitor consciousness of the vi- 
tal role which modern sound equip- 
ment plays in the efficient presenta- 
tion of motion pictures, from both the 
standpoint of audience satisfaction 
and box office health, is exemplified 
in the l?rge number of orders accru- 
ing to RCA Mfg. Co. for their Pho- 
tophone units. 

More than 20 orders have been 
placed with RCA according to its 
most recent reports, these including 
contracts for installations in the Ola- 
the, Olathe, Colo., which is re-open- 
ing after a summer shutdown; the 
Strand, South Bend; Princess, Hart- 
ford; the new 400-seater which A. W. 
Pugh is opening about Dec. 1 in Co- 
lumbus, Kansas; Roosevelt, Bentley- 
ville, Pa.; the Telenews, newsreel 
house, being erected in Chicago's 
Loop area by Midwest Newsreel The- 
aters, Inc ; and the Tivoli, in Misha- 
waka, Ind. 

Other installations are for the New 
Moon Theater, Vincennes, Ind.; 
Happy Hour, New Orleans; the two 
houses formerly known as the Penni- 
man-Allen theaters, and now re- 
named P & A Theaters, in Plymouth 
and Northville, Mich., respectively; 
the new Miller, Augusta, Ga.; and 
also the new Palace soon to open in 
McComb, Miss. 

Further, sound units are being sup- 
plied to the Webb, Gastonia, N. C; 
the new 700-seater in Elberton, Ga.; 
the new Vogue in suburban Louis- 
ville, and the Grand, Linton, Ind., 
both houses of the George Settos cir- 
cuit; the new Esquire, Rock Island, 
111.; the Frontenac, Detroit; Brighton, 
Pittsburgh, and several other houses. 

55% Trane Increase 

Chicago — The Trane Co. reports a 55 
per cent increase in heating division 
orders for the first nine months. 

Orders in other departments are run- 
ning at a level, with the Canadian sub- 
sidiary, reporting a fine increase. 

New Long-Playing Record 
Seen Opening Big Market 

West Coast Bureau of THE FILM DAILY 
Hollywood — A new long-playing 
record has been put on the market 
by Recordall Sales. The record plays 
30 minutes to a side on a 13 inch 
indestructible disc. This recoi'd 
opens a big new market in sound 
recordings inasmuch as it can be 
used to record conferences, tele- 
phone conversations without tapping 
the wires, dictation and radio pro- 
grams. Anyone can handle the 
mechanism, and on a dollar record, 
one can record a whole hour. Of- 
fices have been opened at 9016 Sun- 
set Boulevard with Don Orput as 
California distributor. 

Indianapolis Will Have 

New $100,000 Pix House 

Two New Conn. Projects 

New Haven — Whitney Theater 
Corp., a Bailey corporation, has 
broken ground of a 900-seat brick 
house in the Whitneyville section of 
Hamden. Natale DeFrancesco, for- 
mer operator of the Annex, has 
started to construct a 350-seat house 
in Cheshire. 

Indianapolis — Early construction 
of a new 1,200-seat film theater at 
5608 E. Washington St. costing ap- 
proximately $100,000 was announced 
yesterday, with completion of leases 
and plans for the project by W. A. 
Brennan, Inc. 

Glenn W. Radel will build the 
structure, which has been leased for 
20 years by the Olson Theater En- 

Known as the Embassy, house will 
have a parking lot with facilities for 
400 cars. 

Eric G. Steinbeck is the architect. 
Theater will be equipped with mohair 
body formed chairs, controlled air- 
conditioning, Western Electric sound, 
latest projection machinery, spacious 
lounge rooms and other features. The 
theater front will be constructed of 
glazed terra cotta with indirect light- 
ing. A rear box office will be set up 
as a service to drive-in patrons. 

Olson Theater Enterprises, organ- 
ized last April, operates the St. Clair, 
Uptown, Ritz, Strand, Oriental and 
Vogue theaters. Charles M. Olson is 
president; Gene Marks, vice-president 
and treasurer; Roy Bair, secretary, 
and Carl Niesse, general manager. 

Extend Altec Servicing 

Lincoln Theaters, Inc., and King 
Coal Theaters, Inc., of Marion, Va., 
has renewed Altec service contracts 
on six theaters and has made con- 
tracts for Altec to service two addi- 
tional houses. E. C. Shriver and A. 
Fiore negotiated for Altec. 

Improve Clarinda Rialto 

Clarinda, la.— The Rialto Theater 
here is being remodeled. It is to 
have a new modern front while the 
interior is to be redecorated and im- 
proved. Theater is owned by Mrs. 
Alice Pennington of Villisca, and is 
under lease to the Rialto Theater Co. 

Oscar Johnson Building 

Falls City, Neb. — Oscar Johnson 
has started construction of the New 
Rivoli, a 550-seater, facing the 
present Rivoli, which will be closed 
when the new spot opens. Oklahoma 
Theater Supply (L. J. Kimbriel) 
landed the seat contract. 

Taylor Leases Theater 

Grand Rapids, Mich. — Roy Taylor, 
owner of the Southlawn Theater 
here, has leased the building that 
housed the Liberty Theater at Lake- 
view. The Liberty has suspended 
operations. Taylor will reopen the 
theater in October under a different 
name and will use all new equip- 

Improve Loew House 

Wilmington, Del. — With repainting 
in the auditorium already under way, 
further alterations and improve- 
ments to Loew's Theater, are ex- 
pected to begin about Oct. 15, ac- 
cording to Manager Edgar J. Doob. 
Operations will span six weeks, but 
will not interfere with the theater's 

Will Add Balcony 

Dallas — Interstate will remodel 
the Varsity Theater. Plans by Petti- 
grew & Worley call for the addition 
of a balcony to seat 300. The work 
will require some two months to 

Remodel Miami's State 

Miami, Fla. — Wometco Theaters, 
Inc. is announcing that the State 
theater is to be remodeled and ap- 
proximately $30,000 spent on the 

Modernize Warner House 

Irvington, N. J. — Marty Ingram, 
new Castle manager, announces 
plans for extensive improvements to 
the house, Warner operated. There 
will be a new marquee, modernized 
lobbv and interior renovations. 

$200,000 Theater Bows In 

Ft. Lauderdale, Fla. — Spark's new 
$200,000 house just opened seats 
1,266 with a special 16-seat section 
especially wired for the hard of 

Renovate In Pittsfield 

Pittsfield, Mass. — The Carlton 
Amusement Enterprises, Inc., own- 
er of the Kameo Theater, here, is 
spending $15,000 on extensive reno- 

Celotex in Atlanta 

Chicago — The Celotex Co. has 
opened new offices in the Hurt Build- 
ing, Atlanta, Ga., under the manage- 
ment of George J. Dinges, formerly 
manager at Cleveland. 

New Laurel Negro House 

Laurel, Miss.— Allen H. Moss will 
open a theater for negroes here 
shortly. The new house is to be 
called the Lincoln. 

Kroehler Office Moved 

Chicago — "Buck" Buchanon has 
moved the sales offices for Kroehler 
Seats to the new Monogram Building 
at 13th and Wabash Ave. 


Role of Electri 

By R( 

Nela Park En 

(Editor's Note: This is the 
advances effectuated in the art < 
of the incandescent lamp.) 

of lamp making occurre 
ment lamp became available, 
pany bought the American p 
sten filaments that had bee 
Hanaman, two Viennese chen 
work, lamps having efficienc 
made available. This was an 
The chief disadvantage c' 
that they were quite fragile 
or subjected to even a moder 
the filaments were likely to b 
achieved at the sacrifice of 
lamp was hailed as a major a; 
its money and this in turn 
what theater lighting men c 



!N spite of the failures wr 
scientists to make tungste 
Research Laboratories of the 
was not convinced that it cc 
tions in 1906 he experiment 
was able to announce that 
tungsten could be rendered 
even when cold. 

Space does not permit a 
process, but the significan 
overstated. It now became 
in any manner desirable; dr 
tough and this meant that t 
into incandescent lamps. E 
had efficiencies up to 10 lu 
incorporated into commercia 
incandescent lamp filaments 

THE next really significanti 
descent lamp, occurred 
General Electric's Research 
that a considerable gain in t 
realized by filling the lamp t 
the filament in a vacuum 
efficiencies in the neighborh 
At first gas was used ir! 
as time passed the new tec 
to the 25-watt size. Gas 
filament shape from a strai 
tightly coiled spiral. The coil 
source than the straight one 
to control the light produce 
accuracy. The result was t 
replace the arc spotlights t 

Friday, Oct. 13, 1939 






iiation in Theaters 


Dept., Cleveland 

it ii series of articles dealing with the 
f theater lighting since the advent 

a (improvement in the technique 
esfhen the pressed tungsten fila- 
ear the General Electric Corn- 
to a process for making tung- 
by Alexander Just and Franz 
i much additional developmental 
i as 7.8 lumens per watt were 
tungsten filament lamps was 
jjy were handled at all roughly 
of vibration or shock in service 
ough the gain in efficiency was 
the pressed tungsten filament 
;ave the theaters more light for 
:r scope to the possibilities of 
r h their medium. 

J; id 

warded the attempts of many 

i- Dr. William I. Coolidge of the 

ctric Company at Schenectady 

done. Beginning his investiga- 

i years, and in the fall of 1908 

Iveloped a technique by which 

id could be drawn and bent, 

i of the somewhat complicated 
I development can scarcely be 
bend or coil tungsten filaments 
ten filaments were rugged and 
h and durability could be built 
Isten filament lamps, moreover, 
rni'att. This material, which was 
out 1910, is still used for all 

i: it in the history of the incan- 
en Dr. Irving Langmuir, also of 
res at Schenectady, discovered 
:y of light production could be 
n inert gas instead of operating 
lamps in the larger sizes have 
umens per watt. 
750- and 1000-watt sizes, but 
applied to smaller lamps down 
accompanied by a change in 

i oped over many supports to a 
was a much more concentrated 
neant that it was now possible 

i escent lamps with considerable 
scent lamp spotlights began to 
ien used in theaters for many 

Motiograph Experiences 

Brisk Flow of Orders 

Chicago — Motiograph, Inc., fur- 
nishes evidence in its October an- 
nouncements of projector and sound 
system installation that activity in 
these items is brisk on a nation-wide 

In the matter of projector supply, 
company has completed installations 
for the Rialto, Joliet; Town, New 
York; Basle, Washington, Pa.; Ti- 
voli, Maryville, Mo.; Shafer, Garden 
City, Mich.; Hardy's Fresno, Fresno; 
Astor, Baltimore; Florida, Gains- 
ville, Fla.; Bostwick, Bridgeport; 
Isle, Balboa, Calif.; State, Omaha; 
Los Feliz, Los Angeles; Playhouse, 
Stateville, N. C; Wilson, Wilson, 
N. C, and the Garrick, St. Paul. 

Mirrophonic Sound Systems have 
also been installed in the Town Thea- 
ter, New York; the Paramount, Hick- 
ory, N. C; the State, Marlboro, 
N. Y.; and the Villa in Oklahoma 

RCA Biz Up 35% 

Chicago — The installation of RCA sound 
equipment is showing a 35 per cent 
increase over last year, according to A. 
E. Klein, manager of the Chicago dis- 

Equipment Firm Formed 

Albany — Charter has been issued 
here to Movie Theater Equipment 
Contracts, Inc., a Borough of Man- 
hattan organization, with $99,960 
capital stock authorized. Under 
setup, 980 shares will be preferred, 
value $100 each, and 1,960 shares of 
common at $1 each. 

Fkm, it is understood, will have 
headquarters at 520 Fifth Ave., New 
York City. 

New Houses In S. C. 

Charlotte — A new theater will be 
opened soon at Piedmont, S. C, by 
L, R. Linder. And at Florence, S. C, 
Dewey McDermon will open the 
Roxy. H. H. Everett and Worth 
Stewart have taken over the Piq- 
uant from R. P. Rosser at Angier, 
S. C. 

Gevaert Acquires Plant 

In Williamstown, Mass. 

The Gevaert Company of Amer- 
ica, Inc., a New York Corporation, 
has acquired a factory for the manu- 
facture of the Gavaert photographic 
products in the U. S. Factory is 
situated in Williamstown, Mass., and 
its site is of sufficiently large area 
to permit of future expansion. 

At present operates as distribu- 
tors for Gevaert Photo-Producten, 
N.V. of Belgium, with headquarters 
at New York and branches in Bos- 
ton, Philadelphia, Chicago, Los An- 
geles and San Francisco. 

RWT Catalog Ready 

Radio Wire Television, Inc., (form- 
erly Wholesale Radio Service Co., 
Inc.), 100 Sixth Ave., New York, an- 
nounces that its "Master" Catalog 
for 1940 is now ready for distribu- 
tion. It includes 35 pages of public 
address equipment. 


General Seating Co. officials report 
continued momentum in orders for 
their theater chairs, installations hav- 
ing just been effectuated for the 
State, Miami; the Roosevelt, Hobbs, 
N. M., and the Communitv, Cadiz, 

Additional orders have been filled 
by the company this month for the 
accounts of the Imperial, Forrest 
City, Ark , through Monarch Theater 
Supply Co., of Memphis; and the 
Breeze Theater, Philadelphia, through 
the Penn Theater Equipment Co., of 
that city. 

C. E. Elkins' theater in Walnut 
Ridge, Ark., has also been supplied 
with General Seating Co. chairs via 
order placed through Monarch Thea- 
ter Supply of Memphis. 

New House for Pontius 

Woodsville O. — A new 300-seat 
picture house will be built here by 
Paul Pontius, who owns the Sylvan 
Theater at Sylvania. The C. R. 
Chappalear Construction Co. of Syl- 
vania is the builder. 

Competition In Mansfield 

Mansfield, La. — Construction of a 
new theater by W. Smith will be 
undertaken here shortly. The town 
is already served by the DeSoto 
Theater, which books through The- 
ater Service Corp. of New Orleans. 

Case Plans New Theaters 

Chicago — Wilfred C. Case will 
build a new theater at Shelbyville 
in co-operation with the business 
men of that community. He was for- 
merly located at Cuba. 

Air-Conditioning Order 

Springfield, Mass. — The Bijou 
Theater here has contracted with 
the Capitol Theater Supply Co., to 
install air-conditioning equipment. 

Dupont, TTC Sales Exec. 

Chicago — Frederick M. Dupont has 
been appointed sales manager of the 
Toledo Ticket Co. 


Of course Alexander Smith Carpet 
can't compete with the sirens of the 
screen when it comes to attracting 
patrons, but it is an important factor. 
Which is one reason why you find it 
in most of the country's successful 




Friday, October 13, 1939 

.v :< RCVICUIS Of TH6 R€UI flLIHS '< ■< 

"Dancing Co-Ed" 

with Lana Turner, Richard Carlson, 

Artie Shaw 

M-G-M 80 Mins. 




In addition to being first rate enter- 
tainment in every respect without the 
presence of the popular swingmaster, Artie 
Shaw, "Dancing Co-Ed", with Shaw as 
an added attraction, should be a solid hit 
with the pop. trade. It is gay, amusing 
and musical by turns, and there's a neat 
litle romance thrown in for good meas- 
ure. The direction of S. Sylvan Simon is 
expert, giving the picture a zippy pace 
that bubbles with action from start to 
finish. Lana Turner, attractive and per- 
sonable, makes her debut as a star with a 
flourish, turning in a smooth performance. 
Richard Carlson is good looking and cap- 
able opposite Lana, and Ann Rutherford 
fills a top supporting role neatly. Maes- 
tro Shaw swings his music in the most 
approved killer-diller fashion for the edi- 
fication of the jive trade. Lee Bowman, 
Leon Errol, Thurston Hall and Roscoe Karns 
ably support the principals. Albert Man- 
heimer rates a nod for his snappily paced 
and cohesive screenplay. Hall, the high 
mogul of Monarch pictures, is in a dilemma 
when the wife of his dancing star, who 
is his partner, discovers she is going to 
have a baby just before they are to 
start production on a super-dooper mus- 
ical. Karns, Hall's press agent, has the 
bright idea of selecting a new star through 
a college contest. Lana, daughter of Leon 
Errol, both of whom are in vaudeville, is 
planted in a college to be the winner of 
the contest so Karns will be certain of 
getting a good dancer. However, this is 
just the beginning of trouble for every- 
body. Carlson, editor of the college paper, 
starts an investigation to see if anybody 
has been planted in the college. Lana 
and Carlson both get in a jam with the 
dean and their fathers are sent for. On 
top of this, Carlson falls for Lana, but 
blows up when she tells him the truth 
about herself. Finally the day of the 
contest arrives after Shaw has been to a 
number of other colleges. Lana is kid- 
napped by Carlsons friends at his be- 
hest, but finally makes him take her back 
to the college so she can dance in the 
contest finals. Meanwhile, Karns has put 
Ann Rutherford on to stall for time when 
Lana dosen't show up. Everybody is happy 
when Hall selects Ann, gives Errol a 
job and Carlson proposes to Lana. The 
scene of producer Hail at the race track 
with a portable radio listening to news 
flashes, and hearing about his star's be- 
coming a mother, will give plenty of laughs 
in the trade. Exhibitors can have a field 
day exploiting this one with Artie Shaw 
in the cast. 

CAST: Lana Turner, Richard Carlson, 
Artie Shaw, Ann Rutherford, Lee Bow- 
man, Leon Errol, Thurston Hall, Roscoe 
Karns, Mary Field, Walter Kingsford, June 
Preisser, Mary Beth Hughes, Monty Wooley, 
Chester Clute, Mary Field. 

CREDITS: Producer, Edgar Selwyn; Di- 
rector, S. Sylvan Simon; Screenplay, Albert 
Manheimer; Based on a Story by Albert 
Treynor; Cameraman, Alfred Gilks; Editor, 

urn I . . nil 

Television Spy 

with William Henry, Judith Barrett, William 

Collier, Sr. 

Paramount 58 Mins. 



"Television Spy" rises considerably above 
the average B programmer. Its fifty-eight 
minutes are packed with suspense, and the 
timeliness of its subject will lift it over 
any rough spots. It opens with the dis- 
covery by William Henry of a television 
broadcaster which will carry television 
waves farther than the present fifty-mile 
limit. His research is carried on under 
the sponsorship of William Collier, Sr., 
who does himself credit in a grouchy rich 
man's role. After weeks of work in a 
secret laboratory, William Henry and Dick 
Randolph, with Collier looking on, per- 
fect their invention and each experiment 
takes their broadcasts farther west. They 
aim to perfect the instrument and turn 
it over to the U. S. governmnet. Spy in- 
terference enters in the form of Dorothy 
Tree, Collier's old friend, who is revealed 
as a foreign agent, and who, by working 
through Minor Watson, Collier's former 
partner, and Anthony Quinn, Collier's but- 
ler, is able to steal the plans and set up 
a similar instrument. By an accident 
the two sets cross waves and reveal 
each other. The discovery of the 
second instrument arouses suspicion at 
Collier's laboratory and finally brings about 
the arrest of the thieves and spies. A 
mild long-distance romance also results 
between Watson's daughter, Judith Barrett, 
and William Henry. The scienific angle 
of the Endre Bohem story is so engrossing 
that the human side takes second place. 
All the cast, however, performed well 
what was given them. Director Edward 
Dmytryk handled the plot pointedly for 
suspense and scientific complexities. Hor- 
ace McCoy, William R. Lipman, and Lillie 
Hayward delivered a tight and logical 
screenplay. Unusual shots through the small 
"television" screens were photographed by 
Harry Fischbeck. 

CAST: William Henry, Judith Barrett, 
William Collier, Sr., Anthony Quinn, Rich- 
ard Denning, John Eldredge, Dorothy Tree, 
Morgan Conway, Minor Watson, Byron 

CREDITS: Associate Producer, Edward 
T. Lowe; Director, Edward Dmytryk; Story 
bv Endre Bohem; Screenplay, Horace Mc- 
Coy, William R. Lipman, and Lillie Hay- 
ward; Cameraman, Harry Fischbeck; Art 
Directors, Hans Dreier and Franz Bache- 
lin; Film Editor, Anne Bauchens; Sound, 
Gene Merritt and Gene Garvin. 

PHY, Good. 

"Mystic Circle Murder" 

with Robert Fiske, Betty Compson 
Merit Pictures 69 Mins. 


Strictly a program offering, this release 
will serve as a filler in the small nabes. 
It has plenty of hokum, a fair amount of 
action and an adequate cast that strug- 
gles hard with the sketchy material used 
as a story background. Betty Compson, 
Robert Fiske, Helene Le Berthon and Ar- 
thur Gardner fill the principal roles. Story 
deals with Fiske's spiritualist racket, which 
he uses to mulct innocent clients of large 
sums of money. Miss Le Berthon gets 
mixed up with Fiske and he suggests she 
go to Egypt when the police and news- 
papers get on his trail. Gardner, a demon 
reporter, who is enamored of Miss Le 
Berthon, also arrives in Egypt. Fiske im- 
mediately advises his client to go to 
India, and Gardner ends the world tour 
when he catches up with them there. 
Madame Harry Houdini, widow of the 
late noted magician, makes a brief appear- 
ance in the film to deliver a warning 
against fake mediums. 

CAST: Betty Compson, Robert Fiske, 
Helene Le Berthon, Arthur Gardner, David 
Kerman, Robert Fraza. 

CREDITS: Produced by Continental Pic- 
tures; Direction, Screenplay and Original 
Story, Frank O'Connor. 

PHY, 0. K. 

All-Negro Film to Open 

Bryant Productions has completed 
an all-Negro film entitled, "George 
Washington Carver," based on the 
life of the noted Negro scientist. 
Plans are being made for a Broad- 
way opening the latter part of this 

Will Air 20th Century-Fox's 
'Drums' on Kate Smith Prog'm 

(Continued from Page 1) 

ciation with Young & Rubicam. 
Bacher has been working on the idea 
for some time. 

If the dramatization is effective it 
is believed deals will be made by 
the leading motion picture companies 
to have certain of their big pictures 
dramatized and made a part of cur- 
rent air shows. 

It is reported that Louella Par- 
sons figures in the plan and may pre- 
sent data in connection with the pic- 
ture being dramatized. 

W. Donn Hayes. 



Brobuck Experiencing 

Biggest 6 Months' Biz 

Detroit — Increased commercial film 
business will give Brobuck, Inc., pro- 
ducing organization here, its biggest 
six months for the period ending Dec. 
31, according to William Alley, script 
manager. Major new accounts are: 
Kelvinator Division of Nash Kelvina- 
tor; Firestone Tire Company; J. I. 
Case Co., Racine, Wise, tractor man- 
ufacturers; Household Finance Cor- 
poration, Chicago; Gates Rubber 
Company, Denver; Plymouth Divi- 
sion and Chrysler Service Divisions 
of Chrysler. 

To handle the increased volume of 
production, a new script writer, Mer- 
rill Sweetman, has been added to the 

"Slapsie Maxie's" 
(Broadway Brevity) &• 
Warners 17 mins. 

Sure-Fire Fun 

Equipped with a slick screenplay 
which packs laughs galore, this two- 
reeler is sure-fire with anyone who 
has a sense of humor. Appeal, be- 
cause it's a pugilistic yarn, is strong- 
ly toward the male gender. Maxie 
Rosenbloom, Johnnie "Scat" Davis, 
Frank Faylen, Gulley Richards, and 
Tommy Reilly are perfectly cast. 
Story recounts how Johnnie Davis' 
footwork, as a waiter, captures the 
imaginative fancy of Maxie Rosen- 
bloom, night club proprietor. That 
very night, following a quick knock- 
out of his adversary, the champ 
comes into the joint, but is knocked- 
out accidentally by "Scat" Davis 
who has too carelessly wielded a 
tray. Onlookers believe the k.o. was 
legit, and Davis is forced into a bout 
with the champ. What happens in 
the roped arena is a salvo of fun. 
Noel Smith directed this short, and 
it's a good job. 

"Going Places" 


9 Mins. 

Bird Life 

An unusual short, this study of 
odd birds photographed in their natu- 
ral habitat should interest all nature 
lovers. Probably of all the birds in 
the Western hemisphere the toucan 
is the queerest. The size of the tou- 
can's beak has been a scientific won- 
der ever since the bird was first seen 
by ornothologists. We see macaws, 
whooping cranes, owls, Canadian 
geese, cormorants, owls, Canadian 
number of other species. It is par- 
ticularly interesting to watch the 
pelicans, awkward and ungainly on 
land, they are among the most grace- 
ful feathered performers in the world 
when they take to the air. 

"Crop Chasers" 

(Color Rhapsody) 

Technicolor 7 54 Mins. 

Enjoyable Offering 

Filmed in Technicolor under the di- 
rection of Ub Iwerks, with music by 
Eddie Kilfeather and musical direc- 
tion by Joe De Nat, footage deals 
with a flock of militant, hungry and 
well-organized crows who devour a 
farmer's crops so brazenly that the 
poor man readily gives two itinerant 
scarecrows employment. The new 
employes are no help, but when a 
young crow falls down a well, the 
scarecrows rescue him. As a rewai'd 
and peace offering the flock of 
feathered raiders bring back the 
farmer's crops and respect the scare- 
crows. Cartoon fans will enjoy the 

Friday, October 13, 1939 



(Continued from Page 1) 

is seen as a factor in speeding a 

While there has been no official in- 
tiny 'on of the winner, the fact that 
Equ'.y's salary scale ruling this week 
in the instance of an NBC show went 
unchallenged is accepted as indicat- 
ing Equity has a definite lead. 
Equity, too, has claimed the field 
since its inception. 

The Equity ruling calling for a full 
week's salary for each performer of 
a new Max Gordon show who would 
appear on the telecast caused the 
Gordon office to cancel its plans duo 
to the cost. But, it is pointed out that 
NBC has ambitious television plans 
for the fall and winter, and a num- 
ber of stage producers are interested 
in the medium, with NBC and the 
producers certain to use their influ- 
ence to speed a settlement. 

Adjustment of the dispute would 
enable a new code to be drawn up 
covering wage scales and working 
conditions, which would in all prob- 
ability pave the way for producing 
shows on television programs at a 
commensurate cost until sponsorship 
is forthcoming, it is said. 

Fluctuating Voltage Causes 
Uneven Sound Reproduction 

West Coast Bureau of THE FILM DAILY 
Hollywood — Wide fluctuation of 
AC voltage in theaters is causing 
uneven sound reproduction which 
erroneously has been attributed to 
lack of uniformity in recording, it is 
indicated by a checkup just com- 
pleted by Warners' studio sound de- 
partment headed by Maj. Nathan 
Levinson. Situation was studied 

, after exhibitors had lodged com- 
plaints with various studios. 

Examination proved that prints 
are uniformly satisfactory and fur- 

: ther study of the problem shows that 
the condition is common to most the- 
aters in the United States, according 

I to service engineers. Most of the 
trouble seems to occur in the de luxe 
first-run houses which are usually 
located in sections where there is a 
heavy electrical load variation. Con- 
dition can be corrected through in- 
stallation of voltage regulators of 
the instantaneous type, it is stated. 

Rebuild Burned House 

St. John, N. B.— The Gaiety, Fred- 
ericton, destroyed by fire last June 
has been rebuilt and opened by W. 
W. 0. Fenety. 

Friday, the 13th 

Today is Friday the 13th. 

But there are compensations. 

It's Donald Duck's birthday. 

Television marks the Golden Jubilee by 
NBC's telecast (8:30-9:30 p.m.) of parts 
of Edison's "The Kiss" and "The Creat 
Train Robbery." 

And the third of the "Information 
Please" shorts for RKO Pathe starts 
shooting at 2 p.m. at Fox Movietone 

Neb. Exhib. Gets Writ to Block Hummy Smell 

Grand Island, Neb. — W. N. Youngclaus, of the Island here, does not blame the 
smell in his house on bad Hollywood product. Instead, he went to court and got 
himself an injunction against a butcher next door who had the bad habit of smoking 
meats in the vacant lot just back of the theater. Ham-hickory scents are oke at meal 
times, said the judge, but they don't fit with talking pictures, so the injunction was 

65 St. Louis Independent 
Theaters Face Strike Threat 

(.Continued from Page 1) 

ploy about 300 members of the union. 

The present scale for ushers and 
janitors is 35 cents an hour in the 
second-run houses and 39 cents an 
hour in the first-runs. The union is 
seeking 50 cents an hour in the sec- 
ond-runs and 54 cents in the first- 

The scale for cashiers and ticket 
takers is now 40 cents an hour in the 
second-runs and 44 cents in the first- 
run houses. The union is asking that 
the scale be upped for these workers 
to 55 cents in the second-run houses 
and 59 cents in the first-run houses. 

Meanwhile, efforts to settle the dis- 
pute between Local 143, operators, 
and F & M involving projectionists in 
six of the St. Louis Amusement Co. 
houses have failed. A general strike 
is possible, union execs, infer. 

Picture Under 5,000 Feet 
Not a Feature in Australia 

(Continued from Page 1) 

sold to them aa features which are 
under the prescribed 5,000 feet, al- 
though many of them have been 
cut to under that length by the 
Commonwealth censor. 

The N.S.W. MPEA executives, who 
have considered complaints on the 
subject, have advised exhibitors to 
refuse delivery of films under 5,000 
feet; if the distributor charges rent 
to refuse to pay it, and if, through 
a misunderstanding as to length, 
the exhib. has accepted, played and 
paid for the film, to demand a sub- 
stantial rebate on the rental. 

James Heads Chi. Bookers 

Chicago — H. D. James of United 
Artists has been elected pres- 
ident of the Chicago Bookers' Club. 
Other officers elected were Charley 
Davidson, B & K vice-president; Joe 
Abramson and Joe Stout, secretaries; 
Frank Nardi, Republic, treasurer, 
and Oscar Bernstein, United Artists, 

Resume Hearing Today 

Hearing before the State Labor 
Relations Board of the TMAT- 
Nelson-Renner-Endicott case will be 
resumed today. Hearing started 
Tuesday, but an adjournment of one 
day was ordered Wednesday night 
when it had not been completed. 

Rogers at Ark. ITO Meet 

Little Rock, Ark.— Roy Rogers, Re- 
public's Western star, will appear at 
the semi-annual convention of the 
Ark. ITO here on Sunday and Mon- 
day. Exhibitors will be guests of the 
Arkansas Livestock show in North 
Little Rock following the business 

Philbrook, Gen'l Chairman 
for W. Pa. MPTO Conclave 

(Continued from Page 1) 

nounced yesterday by President 
Morris Rosenberg. 

Charles S. Philbrook is general 
chairman, assisted by this General 
Convention Committee : 

Samuel Gould, M. Serventi, Nor- 
man C. Huhn, R. Allison, Fred A. 
Beedle, Alex S. Moore, William Fin- 
kel, H. Goldberg, G. M. Purcell, N. 
A. Malanos, Peter Profili, Wm. Gray, 
J. G. Carruthers, Larry Pugilia, Miss 
C. R. Cupler, Harry Stahl, Archie 
Fineman, Werner Lund, John C. 
Bixler, F. H. McKnight, Robert S. 
Higgins, Jean Angeli, Nathan Rosen, 
Speer Marousis, J. J. McFadden. 

Other committees named were: 

Resolutions — I. Roth, Chairman; George 
Corcoran, E. H. Goldberg, A. P. Way. 

Entertainment — Carl A. Poke, Chairman; 
Harry W. Walker, Sam Fleishman, E. T. 
Beedle, Al Glazer, Floyd Bender, M. A. 

Grievance — Frank Panoplos, Chairman; Wm. 
J. Walker, Harry Fleishman, J. B. Kane, 
Peter Antonoplos, Morris Roth, Gilbert Gell- 

Ways and Means — Joseph Gellman, Chairman ; 
Dr. C. E. Herman^ Harry Hendel, Bennett 
Amdur. Wm. R. Wheat, Jr., Charles R. Blatt. 
Herman Stahl. J. H. Rankin, F. H. King, 
Theo. Mikolowsky, Bart Dattola, John C. 
Friburg. John Oglietti, Oliver A. Kihchel. 

Publicity — M. N. Shapiro, Chairman; Harry 
Rachiele. Jake Soltz, Rudolph Navari, H. L. 
Shearer, R. F. Klingensmith. 

Richmond Talks Distrib. 

Deals With Major, Mono. 

(Continued from Page 1) 

for the release of four action pictures 
in color and with a major company 
for the release of three Spanish lan- 
guage pictures, all of which will be 
made on the Coast. 

Richmond said yesterday that his 
deal with Monogram was in the final 
stages of closing and that papers 
may be signed today. The Spanish 
language pact is expected to be con- 
summated within a few days, he said. 

Movie Quiz Suit Withdrawn 

Action brought by Edward J. 
Pfeiffer against Edward Churchill 
and Donahue & Coe, Inc. charging 
plagiarism in connection with the 
Movie Quiz Contest which played so 
important a part in the industry 
campaign, "Motion Pictures' Greatest 
Year" has been withdrawn without 
cost on application by Pfeiffer's at- 

C. W. Rackliffe Dead 

Holyoke, Mass. — Charles W. Rack- 
liffe, 79, who for many years oper- 
ated theaters locally, and in Spring- 
field and Northampton, is dead here. 
He owned the Suffolk and Majestic 
Theaters in this city, leasing both to 
Boston interests several years ago. 
He also formerly leased the Academy 
of Music in Northampton and the 
Bijou in Springfield. 


(Continued from Page 1) 

likely to put a new complexion on 
the worries which U. S. companies 
recently had with respect to whether 
their allotments might not be cur- 
tailed by the Swiss Film Chamber, 
in order to provide greater commer- 
cial opportunity to native distribu- 

Considerable misconception has 
attended the operation of U. S. com- 
panies in this country, which an- 
nually is a source of close to $1,- 
000,000 in revenue for American in- 
terests importing exposed film. 
Chiefly, the warped idea that the 
Swiss market is not particularly fer- 
tile for the U. S. organizations is 
because the value of imports from 
the U. S. of exposed film of all kinds 
is given in terms of the insurance 
value of the footage. 

During the first quarter of 1939, 
the U. S. had 46.49 per cent by titles 
imported. Germany was next with 
26.09 per cent, and France followed 
with 21.07. 

American distributors figured as 
a group will be entitled, in practice, 
to bring 351 films into Switzerland 
this year. 

Broadway's Holiday Pix 

Business Runs Ahead 

(Continued from Page 1) 

Hall, where UA-Selznick's "Inter- 
mezzo, A Love Story" is in its second 
week, was described as "marvelous, 1 ' 
and this adjective or its relative syno- 
nyms were used to describe business 
at several of the other top stands, 
including the Capitol, housing 
M-G-M's timely "Thunder Afloat"; 
the Strand, with "Dust Be My Des- 
tiny," plus Ann Sheridan in person; 
the Rivoli, offering "Jamaica Inn," 
the Charles Laughton vehicle re- 
leased by Paramount; and the Para- 
mount, where "What a Life" is hold- 
ing forth; and the Roxy, showing 
Walter Wanger's-UA success, "Eter- 
nally Yours." 

Other houses also reported strong 
business, especially the Astor, where 
"Goodbye, Mr. Chips" is in its fifth 
month; and the Rialto housing "All 
Quiet on the Western Front," of Uni- 

Ettinger Joins "U" 

Indianapolis — Milton Ettinger, 
formerly with Grand National, joins 
Universal here as office manager 
and head booker. He succeeds Wil- 
liam Sherman, who has succeeded 
Abe Kaufman, as salesman. Kauf- 
man will devote his time to the 
operation of his Fountain Theater 
in Terre Haute, Ind. 

For the Red Cross 

The Red Cross Christmas Seal Drive 
this year will have what it takes, 
with Ann Sheridan, Warner's chief ex- 
ponent of oomph, to make a trailer foi 
the Drive, it was learned yesterday. 





for general studio use for all difficult shots 

It \< K4.ICOI M»-\ 

for bnvky rounds and avneral exterior work 


IN the fifty years since Eastman supplied 
the film for the world's first movies, there 
have been many great Kodak emulsions 
designed especially for the motion picture 
industry. . . . Greatest of all are Eastman 
Plus-X, Super-XX, and Background-X . . . 
loday's ruling favorites in the studio and 
on location. Eastman Kodak Company, 
Rochester, N. Y. (J. E. Brulatour, Inc., Dis- 
tributors, Fort Lee, Chicago, Hollywood.) 

M l » P R CD f 3 Jr (3 1 ST 
2H W 44TH 9"T 



Intimate in Character 
International in Scope 
Independent in Thought 


' rr- 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

VOL. 76, NO. 74 



D of J Not Sidetracking Equity Suit, Says Williams 


Philly's Indies Would Eliminate "Causes of Dualling 



RKO In Spotlight 

= By L. H. MITCHELL = 


DISTRIBUTORS: Judge William 
Bondy demanded definite progress 
in RKO Radio's reorganization, fol- 
lowing drafting of a new RKO un- 
derwriting proposal by Atlas Corp. 
Ned E. Depinet, RKO v.-p. in charge 
of distribution, announced sales de- 
partment reorganization, with Jules 
Levy, general sales manager, retir- 
ing, Depinet absorbing his duties, 
and Andy W. Smith made Eastern 
sales manager. ... At the week-end 
Universal was talking a pact with 
Levy. . . Leon Netter, v.-p. of Para. 
Theaters Service Corp., stated that 
Paramount partners were 100 per 
cent in favor of extending playing 

time of big pictures. 

* * * 

ported set to take up exhib. relief 
i measures at its Sulphur Springs 
meeting Oct. 23-24. . . . Max A. 
Cohen, prexy of N. Y. Allied, indi- 
cated he would not attend the Syra- 
cuse Allied meeting tomorrow when 
a showdown on unit's future status 

is expected. 

* * * 

UNIONS: IATSE, out to unionize 
New York City theaters 100 per 
cent, started ball rolling by char- 
tering ushers and doormen's unions 
in Manhattan and the Bronx. . . . 
IA also won a 10 per cent wage 
increase for newsreel cameramen 
in a tentative agreement with pro- 
ducers. . . . AAAA unions were re- 
ported conferring in an effort _ to 
end the question of which union 
should have jurisdiction over tele- 
vision, with Actors Equity expected 
to win out. 

Court of Appeals ruled Sunday 
movies, even for charity, illegal. . . . 
Ed Kuykendall, MPTOA prexy, de- 
clared organized support of the 
Allied-backed Neely bill was fading. 

No Formal Vote Taken, But 

"Conclusion" Results 

from 3-Hour Meet 

Philadelphia — After a three-hour 
discussion Friday on the pros and 
cons of double features, some 60 
exhibitors at an open meeting, called 
by the local Allied unit, came to 
the conclusion that every effort 
should be made to eliminate the 
causes that bring about dualling. 

No formal vote, Sidney Samuelson, 

(Continued on Page 5) 


At the request of counsel for 
Orange County Theaters, Inc., the 
$225,000 anti-trust suit against five 
major companies was dismissed by 
Judge J. W. Clancy on Friday. The 
case involved the Academy Theater, 
Newburgh, N. Y., which charged 
(Continued on Page 6) 

AGVA in Closed Shop Pact 
with Singer's Chi. Circuit 

Chicago — The American Guild of 
Variety Artists office in this city has 
signed a closed shop contract with 

(Continued on Page 5) 


Former Sales Exec. Going 
to Coast This Week 

Jules Levy, former RKO general 
sales manager, plans to leave for the 
Coast late this week. It is reported 
that he will sound out the possibili- 
ties of entering the production field, 
having discussed the subject with 
Nate J. Blumberg, president of Uni- 
versal. Levy admitted over the week- 
end that negotiations with Universal 
had been held, but added that a def- 
inite deal had not been closed. From 
other sources it was said that Levy 
may head a Universal production 

Election of Officers Opens 
SMPE Convention Today 

With every indication at the week- 
end pointing to the highest registra- 
tion in recent years, the SMPE Fall 
convention opens today at the Hotel 
Pennsylvania. Arrivals include an 
unusually large West Coast delega- 

Spanning four days, the conven- 
tion program calls for the presenta- 

(Continued on Page 5) 

New York Equity Suit Remains First 
Concern of D of J, Says Murphy Aide 

Griffith Co. Reply Brief 

Must be Filed by Friday 

Oklahoma City— Federal Judge 
Edgar S. Vaught has given the 
Griffith Amusement Co. until Fri- 
day to file its reply brief in the De- 
partment of Justice anti-trust action 
against the Griffith circuits and ma- 
jor distributors. 

Defense legal line-up has been 

(Continued on Page 6) 

The New York equity suit remains 
the first concern of the Department 
of Justice and there has been no 
change in the Government's order of 
legal atack on the film industry, it 
was asserted here Friday by Paul 
Williams, special assistant to the 
Attorney General. 

Taking cognizance of published re- 
ports that the Department had re- 
vamped its strategy, Williams said 
emphatically that there was no truth 
(Continued on Page 5) 

Plan May Evolve at MPTOA 

Board Meeting; Rodgers 

Expected to Attend 

Expected presence of William F. 
Rodgers at the MPTOA board of di- 
rectors meting in White Sulphur 
Springs, W. Va., next week gave rise 
to the belief, over the week-end, that 
a new course of action towards uni- 
form trade reforms may be attempt- 
ed. Rodgers, who was a key man in 
the Code negotiations, is expected 
to discuss current trade problems 
with the directors and may outline 
some sort of plan for united action. 

A number of important issues for 

(Continued on Page 6) 


Business in Skouras' New York 
City theaters is running about 40 
p.c. ahead of the corresponding period 
last year, according to Dillon Krepps, 
district manager. Krepps gives par- 
tial credit for the rise in patronage 
to the run of big pictures released 
by all companies. He also indicated 
that a decrease in unemployment 
might be a factor. 

Exhibs. in Court Seeking 

5th Local 306 Arbitrator 

Attorneys representing New York 
City exhibitors and Local 306 ap- 
peared Friday before Judge Crane, 
chief justice of the Court of Appeals, 
pursuant to the application made by 
(Continued on Page 5) 

"War Communique" 

London (By Cable) — There's a mili- 
tary note to trade advertising these war 

Twentieth Century-Fox is heading its 
advertising copy in the local trades, 
"War Communique," adding a figure to 
identify the number as is military cus- 

"Have Your Artillery Fire on the 20th 
Century-Fox Front" is another company- 
coined selling slogan. 

Monday, October 16, 1939 

Vol. 76, No. 74 Mon., Oct. 16, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN :::::: Editoi 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y , 
by Wid's Films and Film Folk, Inc. J. W. 
Alienate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second cla^s matter, Sept. 8, 1938, 
at the post-office at New York, N. Y., under 
the act^ of March 3, 1879. Terms ("Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118. 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred 
man, The Film Renter, 127-133 Wardour St. 
W. I. PARIS— P. A. Harle, La Cinematog 
raphie Francaise, 29 Rue Marsoulan (12) 
MEXICO CITY— Marco-Aurelio Galindo 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico 
D. F. BUENOS AIRES— Chas de Cruz 
Heraldo Del Cinematografista, Corrientes 1309. 

Copyright 1939, by Wid's Films and Film 
Folk, Inc. All rights reserved. 

f innnciflL 


High Low Close Chg. 

Am. Seat 11 11 11 — J/ 8 

Col. Picts. vtc. (2i/ 2 %) 73/ 8 71/4 71/4 — % 
Columbia Picts. pfd.. 18 18 18 — % 

Con. Fm. Ind 

Con. Fm. Ind. pfd 

East. Kodak 155 154 154 — 1A 

do pfd 157 157 157 

Cen. Th. Eq 11% 113/ 4 11% + % 

Loew's, Inc 333,4 33 Vi 33% — 3/ 8 

Paramount 7}4 7% 1% + % 

Paramount 1st pfd... 79'/ 8 79 79 — l/ 2 
Paramount 2nd pfd... Z% 83^ 8% — % 

Pathe Film 11 103^ 10% + 3/ g 

RKO 15/ 8 ]5/ 8 i5/ 8 4. l/ 8 

20th Century-Fox ... 14% 13% 13% — % 

20th Century-Fox pfd. 24 24 24 

Univ. Pict. pfd 67 67 67+2 

Warner Bros 41/4 4% 4% — % 

do pfd 43 43 43 — 2 


Keith B. F. ref. 6s46 

Loew's deb. 3y 2 s46. . 98 97'/ 2 98 -f- % 
Warner Bros.' dbs. 6s48 82 82 82 

Monogram Picts 

Sonotone Corp 

Technicolor 11% 11% 11% + 14 

Trans-Lux 13/ 8 1 y 4 1 1/ 4 

Ford Sterling Dies 

West Coast Bureau of THE FILM DAILY 

Hollywood — Ford Sterling, 55, vet- 
eran comedian, died Friday night at 
the Good Samaritan Hospital after 
an illness of more than a year. He 
was born in LaCrosse, Wis., and en- 
tered motion pictures in 1912. 



Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


■ The Broadway Parade H 

Picture and Distributor Theater 

Goodbye, Mr. Chips (Metro-Goidwyn-Mayer) — 23rd week Astor 

Intermezzo: A Love Story (United Artists-S-I) — 2nd week Music Hall 

Dust Be My Destiny (Warner Bros. Pictures) — 2nd week Strand 

U-Boat 29 (Columbia Pictures)— 2nd week Globe 

All Quiet on the Western Front (Universal Pictures) — 2nd week (d) Rialto 

Jamaica Inn (Paramount Pictures-Mayflower) Rivoli 

What a Life (Paramount Pictures) Paramount 

Thunder Afloat ( Metro-Goldwyn-Mayer) Capitol 

Hollywood Cavalcade (20th Century-Fox) Roxy 

Fast and Furious (Metro-Goldwyn-Mayer) Criterion 

Manhattan Shakedown (Syndicate Pictures) (a) Central 

Desperate Trails (Universal Pictures) (a) Central 

Nurse Edith Cavell (RKO Radio Pictures-Wilcox) (a-b) Palace 

Here I Am a Stranger (20th Century-Fox) (a-b) Palace 

Ireland's Border Line (William Alexander) Belmont 


The End of a Day (Juno Films) — 6th week Filmarte 

Harvest (French Cinema Center) — 3rd week World 

Affair La Font, The (Trans-Atlantic Film) — 2nd week Little Carnegie 

Why This War (Jewel Productions) — 2nd week Cameo 

Rasputin (Concord Films) 55th St. Playhouse 


Babes in Arms (Metro-Goldwyn-Mayer) — Oct. 19 Capitol 

Mr. Smith Goes to Washington (Columbia Pictures) — Oct. 19 Music Hall 

Those High Gray Walls (Columbia Pictures) — Oct. 19 Criterion 

On Your Toes (Warner Bros. Pictures) — Oct. 20 Strand 

The Witness Vanishes (Universal Pictures) — Oct. 21 Rialto 

Disputed Passage (Paramount Pictures) — Oct. 25 Paramount 

Rio (Universal Pictures) (c) Globe 

First Love (Universal Pictures) (c) Rivoli 

Espionage (Warner Bros. Pictures) — Oct. 19 (a-b) Palace 

The Under-Pup (Universal Pictures) — Oct. 19 (a-b) Palace 

Merrole Efrose (Rebush) — Oct. 19 Cameo 

Ultimatum (J. H. Hoffberg) (c) World 

(a) Dual bill. (b) Subsequent run. 

(c) Follows current bill. 

(d) Revival. 

Privy Council Rules Song $75,000 Ad Campaign Will 

and Film Are Things Apart Back Para. "Passage," "Sea" 

London (By Cable) — Judicial Com- 
mittee of the Privy Council, which 
in July dismissed the appeal of 
Francis Day & Hunter, Ltd., in a 
copyright action against 20th-Fox 
arising out of the use of the title, 
"The Man Who Broke the Bank at 
Monte Carlo," finally handed down 
its opinion late last week. 

Case, in which Famous Players 
Canadian was also named for hav- 
ing exhibited the 20th-Fox produc- 
tion, was of wide industry import- 
ance because of the important points 

Claim for damages was made un- 
der three heads. 

Dealing with the first, of in- 
fringement of performing rights in 
the song, the Judicial Committee 
found that the issue failed both in 
law and in fact, because the title- 
holders had failed to publish on 
each copy of the song the notice 
required by the Copyright Act of 
1882. Committee added it was "ab- 
horrent to common sense" to sug- 
gest that the mere use of the title 
meant the song had been performed 
in the film. 

Contention of infringement of lit- 
erary copyright failed, the opinion 
by Lord Wright asserted, because 
the complaint that the title had been 
copied was "too insubstantial." Lord 
Wright, for a parallel, commented 
it would be said that the title, 
"Adam," applied to a work of sta- 
tuary, would be infringed if that 
were the title of a novel. 

Finally, as to the complaint that 
the pix had been "passed off" as a 
performance of the song, the judi- 
cial committee held it was incon- 
ceivable that anybody going to see 

National newspaper and magazine 
ad campaign, encompassing a reader 
circulation of approximately 20,000,- 
000 through the medium of key city 
newspapers, national publications, 
trade and fan publications, will be 
undertaken by Paramount on behalf 
of "Disputed Passage" and "Rulers 
of the Sea," Robert M. Gillham, di- 
rector of advertising and publicity, 
announced at the weekend. 

Opening shot in the $75,000 cam- 
paign will coincide with the world 
premiere of "Disputed Passage" in 
Detroit on Thursday. Additionally, 
"Disputed Passage" will be backed 
by extensive local co-operative ad- 
vertising with their release breaking 
day and date with the film's opening 
in various cities. 

Sunday Pix Issue to Fore 

in Score of Penn. Towns 

Harrisburg, Pa. — Approximately a 
score of Pennsylvania communities 
will vote on Sunday movies at the 
Nov. 7 elections. 

Closed Sabbath forces are being 
led by the Lord's Day Alliance. "The 
big fight will come in 1940," Dr. 
W. B. Forney, Alliance prexy says. 
That will "be the earliest date when 
communities that voted five years 
ago under the 1935 law providing 
local option on Sunday movies and 
sports may ballot again on the is- 

the film thought he was going to 
hear the familiar song. The opinion 
stated the two things were com- 
pletely different and incapable of 
comparison in any reasonable sense. 


HERMAN WOBBER, 20th-Fox sales chieftain, 
returned to New York Saturday from the Mid- 
west. He is scheduled to leave for ' Coast 
Wednesday for a month's stay. 

ED KUYKENDALL left New York ..aturday 
for Columbus, Miss. 

N. L. NATHANSON returned to Toronto over 
the week-end. 

R. M. SAVINI, president of Astor Pictures, 

returned to New York Saturday after a flying 

trip to a number of Coast and Midwestern 

GEORGE W. WEEKS, Monogram general sales 
manager, left over the week-end for a tour of 
eight cities in connection with "Mutiny in the 
Big House." 

EUGENE SOLOW, author of the screenplay of 
John Steinbeck's "Of Mice and Men," left yes- 
terday for Hollywood to assist director Lewis 
Milestone in the final cutting and editing of 
the picture. 

VICTOR FORD COLLINS, attorney for Hal 
Roach on the Coast, left yesterday for Hollywood 
after a 10-day stay here. 

PHILIP TANNURA, cameraman, left for the 
Coast over the week-end. 

K. F. MORGAN, Erpi exec, on the Coast, and 
PETER MOLE, of Mole-Richardson, Hollywood, 
secretary, JULIUS HABER and HOWARD GIL- 
BERT, of RCA Photophone, arrived over the 
week-end to attend the SMPE convention. 

E. P. CURTIS, of Eastman Kodak, arrived in 
New York Saturday to attend the SMPE meet- 

LOUIS M. CLEMENT, RCA Manufacturing Co. 
vice-president, MAX C. BATSEL, chief Photo- 
phone engineer, HOMER B. SNOOK, reproducer 
sales manager, and ELLSWORTH C. DENT, edu- 
cational director of RCA Manufacturing Co., 
arrive this morning for the SMPE convention. 

J. C. SERRANO, Mexican exhibitor, is here 
for the SMPE conclave. 

RUSSELL MARKERT, director of the Music 
Hall Rockettes, goes to St. Louis this week 
on a talent hunt. 

CONSTANCE BENNETT is at the Waldorf. 

in Detroit Wednesday to be present for premiere 
there Oct. 19 of Paramount's "Disputed 

LEE PATRICK leaves the Coast this week 
with plans to appear in a Broadway show. 

CHESTER MORRIS arrived from Hollywood over 
the week-end. 

J. J. O'CONNOR, RKO theater head, has re- 
turned to New York after conferences in Chi- 
cago and Des Moines. 

Majors Will Continue 

Broadcasts of Pix News 

Major companies will continue to 
participate in the short wave broad- 
casts to foreign countries, it was 
decided at a meeting of foreign de- 
partment representatives at the 
MPPDA offices on Friday. 

A move to cancel the nightly 
broadcasts of picture news was 
killed, as the distributors believe 
the programs are beneficial and the 
costs are relatively small. 


"A Hilarious Scuffle" — Atkinson, Times 





Biltmore Evenings, 8:45 

W. 47th St. Mats., Wed. & Sat. 





great drama of America's first frontiers . . . Told through the romance of two who stood 
for all that was American before the Union was born! . . . Told with a smash and a pace 
and a scope to leave you breathless , . . Told on a canvas stretching beyond the farthest 
horizons of spectacle and thrill . . . THE ACTION GIANT OF THE YEAR— AND BO* 

fl % 










Produced by P. J. Wolfson • Directed by William A. Seiter 

PANDRO S. BERMAN in Charge of Production 

Screen Play by P. J. Wolfson 



Monday, October 16, 1939 




{Continued from Page 1) 

A 1 '" d secretary, stated, was taken. 
M, ing came on the heels of re- 
port that Stanley-Warner would 
meet double feature competition here 
by resorting to duals in nabes. 

Following the general meeting, 
Allied members went into a private 
huddle to hear reports of commit- 

with PHIL At. DALYi 

Election of Officers Opens 
SMPE Convention Today 

(Continued from Page 1) 
tion of more than 50 technical papers 
and a number of demonstrations. 
Three of the latter are to be given 
at tonight's session on the World's 
Fair grounds. Subjects of these are 
television, three dimensional pictures 
and "two-channel recording and re- 
producing with steel tape." 

First order of business at the open- 
ing session will be the election of 
officers for 1940. The terms of En- 
gineering Vice-President L. A. Jones, 
Financial Vice-President A. S. Dick- 
inson, Secretary J. Frank, Jr., and 
Treasurer L. W. Davee, expire at the 
end of this year. Nominees for the 
posts include Dickinson and Frank, 
to continue the same duties, D. E. 
Hyndman, of the Eastman Kodak 
Co., for Engineering Vice-President, 
and R. 0. Strock, of Eastern Service 
Studios, Inc., for Treasurer. Term of 
President E. A. Williford, who is 
presiding, continues. 

Mayor Fiorello H. LaGuardia, will 
welcome the delegates on behalf of 
the city at the informal get-together 
luncheon to be held this noon. Rep. 
Bruce Barton and W. G. Van Schmus, 
managing director of Radio City 
Music Hall, will be honor guests. 

Climax of the convention will be 
the semi-annual banquet and dance 
Wednesday night in the Pennsyl- 
vania Hotel's Grand Ballroom, when 
presentation of the annual Progress 
Medal and Journal Award will be 
made. The session will conclude 
Thursday with a session in the morn- 
ing on 16-millimeter motion picture 
equipment, and in the afternoon on 
motion picture sound problems. 

Best wishes from THE FILM DAILY 

to the following on their birthdays: 

Rex Bell 

Lloyd Corrigan 

Harry Rapf 

Mollie O'Day 

At C. Ruben 

T T T 

• • • EVERYTHING is set but the table for the big Fall Con- 
ference Beefsteak of that relatively new but none the less venerable 

pix organization the Picture Pioneers, Inc and next Friday 

night is the time and Colbert's, at 12 East 49th St., is the place 

. . On the week-end just gone the exec, committee pow-wowed 

at the Hotel Astor and arranged to just plain wow the gents 

at next Friday's gathering Chieftains Jack Cohn, Marvin Schenck, 

Joe Hornstein, Harry Buxbaum, Terry Ramsaye and Hal Hode assert 
that they intend to preserve strict secrecy re the nature of the en- 
tertainment at the party 'cause of the "surprise element" connected 

with it Eight new members have been accepted into the Pix Pioneers 

J. A. McConville, Leo K. Justin. C. S. Goetz, Oscar Binder, Peter 

Siebel, Eugene Meyers, Harry F. Karasik and J. H. Hoffberg 

▼ T ▼ 

• • • COLUMBIA expects 50 guests plus at the gala 

luncheon the company is tendering jointly today with CBS in the 

South Lounge of the Rainbow Room, in Rockefeller Center 

in honor of H. V. Kaltenborn radio news analyst who makes 

his feature pix debut in the Columbia-Capra classic, "Mr. Smith 
Goes to Washington". . . • Exhibs. at the shooting of the third 

"Information Please" short of RKO-Pathe in the local Fox 

Movietone Studio Friday were Lawrence Bolognino, Irving 

Dollinger, Arthur Mayer, Abraham Leff, Charles Moss, Milton 

Schwartz, and Myron Seiger RKO Radio-ites were Harry 

Michalson, E. L. McEvoy, Rutgers Neilson, and H. M. Richey 

plus trade and met. press folk. . . • A "mutual assistance pact" 
through life is reported to have been "initialed" by Bernard 

"Bingo" Brandt and Babette Scharlin in other words they're 


AGVA in Closed Shop Pact 
with Singer's Chi. Circuit 

(Continued from Page 1) 
the Mort H. Singer circuit, covering 
some 12 houses in Western states 
which use vaudeville, it was learned 
Friday. This marks the first time that 
any vaudeville union has concluded 
such a pact with a theater circuit. 

Contract stipulates only AGVA 
members can appear on the stage of 
any of the Singer houses. 

"Sleepy Hollow" for Small 

West Coast Bureau of THE FILM DAILY 
Hollywood — Edward Small an- 
nounces the addition of Washington 
Irving's "Legend of Sleepy Hollow" 
to his list of productions to be made 
in the immediate future and to be 
released by United Artists. 

Ruggles' First Col. Pix 

Columbia Pictures announces that 
Wesley Ruggles' first picture for it 
will be "Too Many Husbands," star- 
ring Jean Arthur, Fred MacMurray 
and Melvyn Douglas. 

Cancel "Drums" at Rome 

Premiere of the 20th-Fox release, 
"Drums Along the Mohawk," has 
been cancelled for Rome, N. Y., cut- 
ting the number of premieres on 
Nov. 2 down to five. 

Exhibs. in Court Seeking 

5th Local 306 Arbitrator 

(Continued from Page 1) 

exhibitors for the appointment of a 
fifth arbitrator in the move to de- 
termine the wage scale for opera- 
tors during the next two years. 

Judge Crane took the matter 
under advisement. Parties involved 
were told to appear at a later date. 

Colbert-Fonda on Air 

Claudette Colbert and Henry Fon- 
da, stars of 20th-Fox' "Drums Along 
the Mohawk," will headline the cast 
that will dramatize it on the Kate 
Smith hour Nov. 3. Miss Smith and 
her troupe will go to Hollywood for 
the show, with one of her shows to 
be broadcast from a 20th-Fox stage 
while she is on the Coast, according 
to present plans. 

Pierce on Addams Research 

West Coast Bureau of THE FILM DAILY 
Hollywood — William A. Pierce is 
in Chicago to do research work on 
"Jane Addams and Hull House," 
which will be made by Charles R. 
Rogers. He will also confer with 
the Hull House board of trustees 
and will visit the Radford College in 
Radford, 111., which Miss Addams 


(Continued from Page 1) 

to the stories the Government would 
bide its time in prosecuting the New 
York anti-trust suit against the 
majors until a decree was obtained 
in one of the lesser suits. The Schine 
action, pending in Buffalo, had been 
mentioned in the latter connection. 

Williams reiterated the Govern- 
ment would prosecute the New York 
suit "without any delay." He does 
not expect, he said, the trial of 
the suit will be reached until Feb- 
ruary or March at the earliest. The 
delay, he stated, in obtaining a 
preference was unavoidable and is 
due to the desire on the part of the 
Government to complete the unfin- 
ished business of securing answers 
to the sweeping interrogatories, now 
due Nov. 1, at which time the Gov- 
ernment also expects to answer UA's 

No further delay is expected in 
the action, Williams asserted. 

Press Club Dedicates 

Butterfield Memorial 

Lansing, Mich. — Butterfield Mem- 
orial Room in the Lansing Press 
Club was dedicated with a dinner 
attended by execs, of Butterfield 
Theaters, Inc., and managers of 
Butterfield houses in the Lansing 
district. The late Col. Walter S. 
Butterfield, founder of the circuit, 
was eulogized by Paul A. Martin, 
E. C. Beatty and Edmund C. Schields. 
Telegram from Metro execs, were 
read at the dinner. 

Bulliet, Chi. News Critic 

Chicago — Clarence Bulliet is serv- 
ing as motion picture editor of the 
Chicago Daily News, succeeding: 
Clark Rodenbach, dean of newspaper 
film critics in this territory. Roden- 
bach, who resigned, will announce 
his new connection shortly. 

Franchise for Teitel 

Tower Pictures has signed a fran- 
chise with Abe Teitel, Chicago, for 
distribution of Tower's "Double 
Crime in the Maginot Line" in the 
Illinois, Indiana and Wisconsin ter- 

Continue SLRB Hearing 

Hearing before the SLRB of the 
TMAT-Nelson-Renner-Endicott case 
will be continued tomorrow. Hear- 
ing started Tuesday of last week 
and continued through Friday. 

Casey Edinger Recovering 

Denver — Casey Edinger, owner of 
the Zaza theater here, is up and 
around after a long stay in bed 
due to a heart attack. 

9 Special "Elizabeth" Dates 

Warners has set nine special key 
city dates on "The Private Lives 
of Elizabeth and Essex," prior to 
its national release on Nov. 11. 



Monday, October 16, 1939 



{Continued from Page 1) 
discussion are on the agenda when 
the board opens its two-day session 
at the Greenbrier Hotel next Mon- 
day, according to Ed Kuykendall, 
president, who, in a general bulletin 
issued on Friday, wrote: 

"Certainly the industry has never 
been so confused and demoralized or 
in so much need of having its posi- 
tion clarified as it is now. Nobody 
seems to have a constructive pro- 
gram nor any definite plans for 
further progress. We are being 
kicked around from the courts to 
Congress to state legislatures to 
more law suits. 

"MPTOA does not believe in big 
talk and boastings. We refuse to 
kid either ourselves or other exhib- 
itors. This meeting may be outstand- 
ing for the absence of false pre- 
tenses. This conference is not going 
to revolutionize the business, nor 
rock the industry to its foundations 
by fireworks, threats and denuncia- 
tions, nor will it save the exhibitors 
from utter destruction by heroic 
combat at one fell swoop, nor do we 
anticipate that any magic formula 
will be produced that will cure all the 
ills of the business. And we have no 
intention of starting crusades, backed 
by high pressure collections for a 
phony war chest, to be quietly dis- 
sipated for fees and expenses. 

"On the contrary, this will be a 
business-like conference of hard- 
headed business men; responsible, 
successful and experienced theater 
owners and operators, who want to 
have a genuine understanding of our 
important problems, who want to 
know where they stand, what is 
needed for the defense and stability 
of the business, and what, if any- 
thing, can be done to make it a bet- 
ter business." 

The bulletin chides three major 
companies for not coming forward 
with any trade practice reforms. 
While some have hinted that conces- 
sions would be granted in their new 
contracts, the bulletin points out 
that only M-G-M and Warner Bros, 
have made definite announcements. 
Twentieth Century-Fox, according to 
Kuykendall, plans to grant conces- 
sions similar to those of M-G-M and 
Warners, but no official announce- 
ment has been made. 

In regard to the 20 p.c. cancella- 
tion privileges, which, according to 
the bulletin, most distributors are 
going to give, Kuykendall points out 
that "if this policy is generally 
adopted, without too many qualify- 
ing restrictions, each of which cuts 

Comedy Relief 

Dallas — Scientific farming, which is 
being taught Dallas County farmers with 
Federal films in community meetings, is 
now supplemented with newsreels and 
shorts such as Betty Boop and Felix the 
Cat. The Dallas County Agricultural 
Association has invested in complete pro- 
jection equipment. 

11 Fox Houses in Auto-Piano-Cash Giveaway 

Denver — With the reinstatement of the Hiawatha in the Fox giveaway hookup there 
are 11 houses now in the deal which includes the weekly giveaways of a Ford car 
and the offering of a piano and cash, the latter two given if won on the first number 
drawn. The Hiawatha also has signed contracts to play Mexican pix when suitable ones 
are available. 

Orange Anti-Trust Case 

is Dismissed by Court 

(Continued from Page 1) 
conspiracy among the defendant 
companies and local theater opposi- 
tion to prevent the house from get- 
ting sufficient product. Suit wa,« 
filed in July, 1937, and examinations 
before trial have been going on for 
many months. 

Attorneys say that dismissal up- 
on request of the plaintiffs marks 
the first time such an event has 
happened in the history of the film 
industry. Plaintiffs blamed internal 
friction for collapse of the case, but 
defendants said privatel" that the 
depositions proved that there were 
insufficient grounds for action. 

Plaintiffs offered to withdraw 
without paying costs before the trial 
opened but the defendants refused 
the plea. Costs of $1,000 were sug- 
gested by the plaintiffs and this is 
being considered by the defendants, 
who include Eugene Levy, George 
Walsh, Paramount, Netco, 20th-Fox, 
Joseph Lee, United Artists, RKO 
and Universal. Defendants were 
represented by Louis Phillips, John 
Caskey, Louis Nizer, Paul O'Brien 
and Granville Whittlesley. Plain- 
tiffs were represented by Stewart 
and Isaac Miller. 

Domestic Pix for Cameo 

Announcement was made Friday 
by the Cameo Theater, first-run 
New York house for Russian pic- 
tures, that the theater is now ready 
to book other foreign and domestic 
pictures. Management stated that 
a shortage of Russian films was a 
factor in the decision. 

Joe Penner in Hospital 

West Coast Bureau of THE FILM DAILY 
Hollywood — Joe Penner did his 
broadcast on Ward Bread show 
Thursday night with a fever of 103. 
After the broadcast Penner was 
taken to a hospital for observa- 
tion. He will be confined to the hos- 
pital for a few days. 

down the exhibitor's option to can- 
cel pictures, it will permanently solve 
the block-booking problem for the 
small exhibitor. The large exhibitor 
has no serious problem on block- 

Kuykendall sees four main and 
really important trade practice prob- 
lems of exhibition and distribution 
as follows: "(1) Selection of pictures 
in wholesale buying (block-booking) ; 
(2) Overbuying to deprive a compet- 
itor of pictures (monopoly); (3) Un- 
reasonable clearance between the- 
aters (zoning), and (4) Cut-throat 
competition between theaters (dou- 
ble features, giveaways, premiums)." 

These points, Kuykendall contends, 
were ignored by the Code and remain 

Griffith Co. Reply Brief 

Must be Filed by Friday 

(Continued from Page 1) 

shifted, with D. I. Johnson out and 
Henry S. Griffing, former partner 
in the Johnson firm, now carrying 
the ball. 

Defendant distributors Columbia 
Pictures Corp., United Artists Corp. 
and Universal Film Exchanges, Inc. 
have filed their reply briefs which 
follow the lines of those previously 
filed by other majors. 

Briefs are in support of defence 
motions demanding that the De- 
partment of Justice be forced to 
file a bill of particulars and clarify 
the charges made against the cir- 
cuits and distributors. 

Use of New DuPont Film 
Demonstrated for Execs. 

West Coast Bureau of THE FILM DAILY 
Hollywood — Demonstration of 
Paramount's utilization of DuPont 
new fine grain film for release 
prints, dubbing prints and release 
negative, as used for "Geronimo," 
was held Friday night at Erpi pro- 
jection room for heads of major 
studio sound and laboratory depart- 
ments. Engineers pointed out use 
of the fine grain stock gives bet- 
ter picture quality and definition, 
and decreases sound background 

Meeting was sponsored by Erpi 
committee composed of studio sound 
and laboratory executives of plants 
using density recording. Erpi tech- 
nicians and representatives of raw 
film manufacturers. The new Du- 
Pont fine grain stock resulted from 
discussions of that committee since 
the first of the year. Utilization 
of the stock on "Geronimo" was 
carried on under direct supervision 
of Loren Ryder; Roy Hunter; and 
Ray Wilkinson, respective heads of 
Paramount studios sound, camera 
and laboratory departments. 

WB Reopening Cleveland 
House, Dark for 2 Years 

Cleveland — Warners' Lake Thea- 
ter, 800-seat downtown house which 
has been closed since November, 1937, 
reopens Saturday, according to an 
announcement made by Warner Zone 
Manager Nat Wolf. Eddie Miller, 
manager of Warners' Hippodrome, 
will supervise the Lake with Irving 
Rubin as resident manager. A double 
feature first-run policy, same as was 
in operation previously, will be in- 
augurated. Other major affiliated 
downtown first-run houses in Cleve- 
land play single features. 

Irving Fleischer III 

Irving Fleischer, manager of the 
Warner Club restaurant, is in the 
French Hospital. 


"The Roaring 

with James Cagney, Priscilla Lanp 

Humphrey Bogart 

Warners 104 .Sins. 

(Hollywood Preview) 

B. 0. WALLOP. 

Here is a vivid picturization of the 
wild, colorful, turbulent days that saw 
the rise and fall of prohibition-bred 
gangsters. Raoul Walsh has supplied strong, 
vigorous direction, holding interest to the 
end. The Mark Hellinger vehicle is ex- 
cellent material for the talents of James 
Cagney, Priscilla Lane, Humphrey Bogart, 
Gladys George, Jeffrey Lynn, Frank Mc- 
Hugh, Paul Kelly, who deliver fine per- 
formances. To Samuel Bischoff goes credit 
as associate producer. Jerry Wald, Richard 
Macaulay and Robert Rossen contributed 
a gripping screenplay. Ernie Haller's pho- 
tography is of the finest. In France, as 
the Armistice is signed, three American 
soldiers speculate as to their future. Cag- 
ney, still believes his old job as a gar- 
age mechanic is still open, while Bogart, 
a former saloon keeper, has no fears of 
prohibition. Jeffrey Lynn, law graduate, 
plans to practise his profession. Cagney 
finds his old job filled and takes a job 
driving a taxi cab. Unwittingly, he de- 
livers a package of liquor to Gladys George, 
a night club hostess, and he is arrested 
and fined $100. He refuses to testify 
against Gladys and she is released. She 
raises the money to pay his fine. With 
Gladys as his backer, he plunges into busi- 
ness with Gladys. Cagney falls in love 
with Priscilla Lane, a singer and dancer, 
not realizing she is interested in Lynn who 
is doing his legal work. When Kelly, a 
hard-boiled bootlegger, refuses to make 
a deal with him, Cagney hi-jacks a ship 
load of liquor which is charged to Bogart. 
Bogart joins Cagney as a partner. The stock 
market crash ruins Cagney and he goes 
back to driving a cab. When Bogart 
learns Lynn, now in the District Attorney's 
office, has gathered much damaging evi- 
dence against him, he sends a death 
warning to Lynn and his wife, Priscilla 
Lane, who appeals to Cagney for aid. He 
goes to Bogart, urging him not to harm 
Lynn and Priscilla. Bogart orders Cagney 
taken for a ride, but through a trick, 
Cagney grabs the gun and kills Bogart. He 
attempts to shoot his way through Bogart's 
gunmen but is mortally wounded. 

CAST: James Cagney, Priscilla Lane, 
Humphrey Bogart, Gladys George, Jeffrey 
Lynn, Frank McHugh, Paul Kelly, Eliza- 
beth Risdon, Ed Keane, Joe Sawyer, Joseph 
Crehan. George Meeker, John Hamilton, 
Robert Elliott, Eddie Chandler, Max Wag- 
ner, Vera Lewis. 

CREDITS: Executive Producer, Hal B. 
Wallis; Associate Producer, Samuel Bisch- 
off; Director, Raoul Walsh; Author, Mark 
Hellinger; Screenplay, Jerry Wald, Rich- 
ard Macaulay, Robert Rossen; Cameraman, 
Ernie Haller; Special Effects, Byron Haskin, 
Edwin A. DuPar; Art Director, Max Parker; 
Editor, Jack Killifer; Dialogue Director, 
Hugh Cummings; Musical Director, Leo F. 
Forbstein; Orchestral Arrangements. Ray 
Heindorf; Narrative, John Deering; Sound, 
E. A. Brown. 

Very good. 

m i» I'nui) & hist 

2(i W 44TH ST 


Intimate in Character 
International in Scope 
Independent in Thought 


The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

VT)-. 76, NO. 75 



ITO of Arkansas Unanimously Opposed to Neely Bill 

mayorTlugs n. y. production at sMpTs meet 

Col. Cole in Syracuse to Help Organize New Allied Unit 

Syracuse Exhibs. Cool to Plan 

For New Unit; Proponents 

Are Optimistic 

Col. H. A. Cole, national Allied 
president, is slated to be on hand in 
Syracuse today when efforts will be 
made to organize a new organiza- 
tion of independents. Proponents of 
the plan are optimistic over the pros- 
pects of establishing an Allied af- 
filiate in New York State, although 
a survey of Syracuse members of 
the present association over the 
last week-end indicated there was 
litle interest in the move. 

There was doubt as to the possi- 

(Continued on Page 7) 


A 60 per cent increase in vaude- 
ville throughout the country is re- 
ported by booking offices in New 
York City and other key cities, a 
checkup reveals. In the Metropoli- 
tan area, it is estimated that the 
boost in "flesh" dates has reached 
40 per cent over the same period 
last year. 

Experimental stage shows in four 

(Continued on Page 6) 

55 Paris Film Theaters 

Open; Old Pix Favored 

Paris (By Cable) — Additional re- 
openings have increased the num- 
ber of film houses now operating 
to 55, of which 20 are newsreels. 

Houses playing features generally 
are resorting to old pix; exhibs. are 
(Continued on Page 7) 

Amended Complaint in Folly 
Anti-Trust Suit Against UA 

An amended complaint against 
United Artists Corp. and a bill of 
particulars was filed yesterday by 
the Folly Amusement Holding 

(Continued on Page 7) 

Coast Contempt Action Against FWC 

and Major Distribs. Continued to Nov. 13 

West Coast Bureau of THE FILM DAILY 
Hollywood — Hearing sef for yesterday in the U. S. District Court in the Govern- 
ment's criminal contempt action against Fox West Coast Theaters and several major 
distributing companies in which the defendants are charged with having violated the 
consent decree of 1930, was continued to Nov. 13 by Justice Campbell Beaumont. 
In the meantime the defendants will file a request for a bill of particulars. 

Wanger Urges Supreme Court Test 
of Free Speech in Motion Pictures 

U. S. Supreme Court test of the 
issue of free speech on the screen 
by the organized film industry is 
recommended by Walter Wanger, 
UA producer, writing in Foreign 
Affairs, an American quarterly re- 
view. Wanger's article is entitled 
"120,000 American Ambassadors." 

"If that august body should rule 
that in this case speech is not 

speech, then there should begin an 
immediate campaign for a Constitu- 
tional amendment specifically freeing 
the screen and giving it the same 
rights and duties as other mediums 
of expression," Wanger asserts. 

The UA producer declares that 
"the elevation of the American 
screen to a place among the world's 

(Continued on Page 4) 

Columbia Special Takes 60 to "Smith" Premiere 

To participate in Washington's 
observance of Frank Capra Day and 
witness the world premiere of Co- 
lumbia's "Mr. Smith Goes to Wash- 
ington" in Constitution Hall at the 
capital tonight, party of more than 
60, largely newspapermen and com- 
pany execs., entrain at 11 a.m. to- 
day at Penn Station. 

Special will pick up, en route, 
representatives of papers in Balti- 
more and Philadelphia and arrive in 
Washington at 3:35 p.m. where it 
will be joined by the Boston delega- 

Columbia executives in the party 
leaving include: Jack Cohn, A. 

(Continued on Page 7) 

Ark. ITO to Mail Copy of Anti- Neely 
Bill Resolution to State Congressmen 

Alexander Film Acquires 

TAD's Principal Assets 

Colorado Springs, Colo.— Purchase 
by the Alexander Film Co. of this 
city of principal assets of TAD 
Screen Advertising, Inc., of Dallas, 
Tex., is announced by President J. 

(Continued on Page 7) 

Litle Rock, Ark. — Independent 
Theater Owners of Arkansas, at its 
semi-annual meeting here yester- 
day, went on record as unanimously 
opposed to the Neely anti-block- 
booking bill, after listening to an 
address on the bill by Ward Mar- 
tin, a local attorney. A copy of the 
resolution against the Neely bill will 
(Continued on Page 4) 

"No Chamber of Commerce 

Talk; I Mean It," 

Says LaGuardia 

Mayor F. H. LaGuardia, in wel- 
coming several hundred delegates 
assembled at luncheon in the Grand 
Ballroom of the Hotel Pennsylvania 
yesterday as a feature of the open- 
ing day of SMPE's Fall Conven- 
tion, plugged Eastern production, 
urging producers consider the ad- 
visability of using metropolitan 

Coming from the city's chief ex- 
ecutive, film interests here, in addi- 
tion to labor, regarded the speech as 
contributing unusually strong sup- 
port to Eastern production's cause. 

"I don't want to take anything 
away from any other city," the 
Mayor asserted, "but I can't under- 
stand why producers are overlook- 
ing New York City," and remarked 

(Continued on Page 6) 


PROFIT IS $55,470 

Financial report of the Roxy The- 
ater, Inc., for the 39 weeks ending 
May 25, 1939, shows a net profit 
of $55,470.13 after all charges, in- 
cluding tax disbursements, have 
been paid. Total income for the 39- 
week period was $1,503,476. Cash 
on hand and in banks, as of May 25, 
totaled $220,318, the report stated. 

Trial of Nick on Extortion 
Charge Starts in St. Louis 

St. Louis — Extortion trial against 
John P. Nick, International vice- 
president of the IATSE started yes- 

(Continued on Page 7) 

Brief in B & K Contempt 

Case to be Filed Today 

Chicago — Seymour Simon and 
Robert Wright, Government attor- 
neys, are due back today from Wash- 

(Continued on Page 7) 



Tuesday, October 17, 1939 

Vol. 76, No. 75 Tues., Oct. 17, 1939 10 Cents 



DONALD M. MERSEREAU General Manager 

CHESTER B. BAHN : : : ": : : Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y , 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 193b. 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. . Foreign, $15.00. Subscribe 
should' remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118. 9-7119. 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St., 
W. I. PARIS— P. A. Harle, La Cinematog- 
raphic Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo, 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico, 
D. F. BUENOS AIRES— Chas de Cruz, 
Heraldo Del Cinematografista,- Corrientes 1309. 

Copyright 1939, by Wid's Films and Film 
Folk, Inc. All rights reserved. 

f i n a n c i n l 



High Low Close 



541/2 1 
60 1 
34 'A 

18 18 

1 V8 1 '/4 

8% 85/ 8 — l/ 4 

53'/ 2 1541/4 + i/ 4 

60 160 

"% 11V4 

33% 33% + i/s 








80 + 1 

83/4 + % 



13% + % 


Col. Picts. vtc. (2l/ 2 %) 
Columbia Picts. pfd. 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. 

East. Kodak 1 

do pfd 1 

Gen. Th. Eq.. : 

Loew's, Inc. 

do pfd 


Paramount 1st pfd... 
Paramount 2nd pfd.. 

Pathe Film 


20. h Century-Fox 
20th Century-Fox pfd. 

Univ. Pict. pfd 

Warner Bros. 

do pfd 

Keith B. F. ref. 6s46.1 
Loew's deb. 31/2S46. 
Para. B'way 3s55... 
Para. Picts. 6s55 . . . 
Para. Picts. cv. 3i/ 4 s47 

RKO 6s41 

Warner Bros. 1 cv. 6s39 ... 

Warner Bros.' dbs. 6s48 

Monogram Picts. ... 1 >/ 8 1 1/ 8 1 1/ 8 — i/ 8 

Sonotone Corp 

Technicolor 1 1 % 1 1 % 113/ 4 

Trans-Lux 1 'A 1 1% 

Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd ....lOOi/i . . 

Fox Thea. Office Bldg. 1st '46 5 7 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45.. 63 65 
Roxy Thea. Bldg. 4s 1st '57 58/2 61 



OO1/2 1 



OOV2 IOOI/2 + 1/4 

80 1/4 80 1/4 80 1/4 — 1/4 



Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


Silverstone Reports All UA 
Producers Extremely Active 

Back from a three-weeks' stay at 
the studios, Murray Silverstone, 
United Artists head, yesterday re- 
ported extensive activity by all UA 
producers. Rushes of new pictures 
look extremely promising, he said, 
and all units are busy. 

Silverstone said he was received 
cordially by Samuel Goldwyn, de- 
spite the fact that th latter has a 
suit pending against UA. It was 
indicated that there were no new 
developments in the action and that 
the suit remained on record. 

Sroneman's P-P Directors' 

Suit is Ordered to Trial 

Trial of the suit of David Stone- 
man for $70,886 damages against 
Sam Katz, Sam Dembow, Jr., Ralph 
A. Kohn, Marian Coles, Felix D. 
Kahn and Fred L. Metzler, former 
Paramount-Publix directors, was 
ordered to proceed on Friday by 
New York Supreme Court Justice 
Isador Wasservogel. 

Stoneman charged the defendants 
with furnishing him with mislead- 
ing financial statements of Para- 
mount-Publix, and inducing him to 
lease the Empire theater, Portland, 
Me., to Paramount on the basis of 
the statements. 

German Film Supply Placed 
at 186 as Hostilities Began 

Washington Bureau of THE FILM DAILY 

Washington — German theaters as 
of Sept. 1 had available for book- 
ings a total of 186 films, of which 
only 30 were foreign language pix, 
the Commercial Attache in Berlin 
has advised the Department of Com- 
merce here. Eighteen of the for- 
eign films were of American origin, 
with Metro, 20th-Fox and Para, 
equally represented bv six each. 

Palace, Pittsburgh, Will 

Become Newsreel House 

Pittsburgh — The Palace Theater, 
operated by the Harris Amusement 
Co. as a grind house for a number 
of years, will be converted into a 
Newsreel Theater, opening with the 
new policy of Newsreels and Short 
Subjects next Monday. This will be 
the first Newsreel Theater ever to 
be operated in Pittsburgh. 

Double Terry Birthday 

Paul Terry, creator of Terrytoon 
comedies, yesterday celebrated his 
25th anniversary as a cartoonist 
and 10th birthday of Terrytoons. 
Terryis producing 26 cartoons for 
20th-Fox release this year, with 10 
of them scheduled to be in Tech- 

UA to Send One Pub. Rep. 
to Studios Every 3 Weeks 

So that United Artists' publicity, 
advertising and exploitation heads 
may be thoroughly familiar with all 
forthcoming pictures, the company 
has adopted a policy of sending one 
representative to the studios every 
three weeks for the purpose of see- 
ing partially completed or fully com- 
pleted product. 

Monroe Greenthal, exploitation di- 
rector, leaves this week for the 
Coast to see rushes of Walter Wan- 
ger's "Send Another Coffin" and 
Samuel Goldwyn's "Raffles." Three 
weeks later Al Margolies, publicity 
head, will leave for Hollywood to 
see other new pictures, and he will 
be followed by Lynn Farnol, direc- 
tor of publicity and advertising. 

This routine will be followed in- 

John N. Stahl Gets Release 
from Universal Contract 

Buddy Rogers' Dad Dead 

Olathe, Kans. — Bert Rogers, 63, 
probate judge and father of Buddy 
Rogers, is dead. Rogers had been 
ill for some time. His son and Mary 
Pickford are here. 

West Coast Bureau of THE FILM DAILY 

Hollywood — John N. Stahl, pro- 
ducer-director at Universal, has ob- 
tained release on his contract with 
the company nearly two months be- 
fore its expiration date on Dec. 1, 

Stahl declared he felt had not had 
enough time to put in on the prepar- 
ation of his next picture which was 
to have been "Bull by the Horns." 
He stated that he had opened pro- 
ducer-director negotiations with two 
major companies but did not reveal 
the names of the companies. 

Before making any decision on a 
new connection he and Mrs. Stahl 
will leave next week for New York 
for a short vacation. 

Conn. Allied to Discuss 

Industry Problems Today 

New Haven — Allied Theaters of 
Connecticut will hold a special 
luncheon meeting today at the Hof- 
brau Haus Restaurant to analyze 
and discuss the new product, selling 
policies, shorts, preferred time and 
other industry problems. Arthur K. 
Howard and Francis C. Lyden, reg- 
ional directors of Allied will be 
guest speakers, and A. M. Schuman 
will preside. Dr. J. B. Fishman, 
newly-elected Chairman of the 
Board, will announce the new Di- 
rectors for the year. 

Form Loew-Lewin Firm 

To Distribute Thru UA 

If, st Coast Bureau of THE FILM DAILY 

Hollywood — David L. Loew, Al- 
bert Lewin, Inc., has been formed 
with Loew, Lewin and Henry Gins- 
berg listed as directors of the new 
company. However, Ginsberg will 
continue as general manager with 
Selznick International. The new or- 
ganization will release through 
United Artists. 

cominG rim GoinG 

MURRAY SILVERSTONE arrived yesterday 
from the Coast. 

SOL WURTZEL and his wife arrive today 
on the Century for a two-week vacation in 
New York. 

HARRY COHN is here from the Coast.,.., 

NUNNALLY JOHNSON, associate producer 
for 20th-Fox, is here for a six months vaca- 

WALTER GOULD, United Artists division man- 
ager for Latin-America, arrived in New York 
yesterday on the Argentina after a 10-week 
tour of company offices in Agentina and Brazil. 

JAMES R. GRAINGER, Republic prexy and 
distribution chieftain, is in Pittsburgh, return- 
ing here Thursday. 

E. C. GRAINCER. general manager of the 
Shea circuit, has returned to New York after 
holding a meeting of circuit managers in Ohio. 

HERB BERG, of Paramount's publicity depart- 
ment, left for Detroit last night for a week's 
stay in connection with the premiere there of 
Para.'s "Disputed Passage." 

BRUCE CABOT left for the Coast yesterday. 

wood late this month following an extended 
vacation in Ireland. 

VIRGINIA STURM, former movie editor of 
the Dayton Daily News, is here on an assign- 
ment for Publishers' Syndicate. 

Max Factor's, are here for a two-week stay on 

DAVE FLEISCHER has arrived on the Coast. 

JAMES A. FITZPATRICK has left the Coast 
for New York, with a number of stops scheduled 
en route to film additional material for his 
American Traveltalk series. 

JOHN N. STAHL and his wife will arrive 
in New York next week from the Coast for a 
short vacation. 

AMPA to Hear Johannes Steel 

Johannes Steel, internationally 
known news commentator will be 
the guest of honor and principal 
speaker at Thursday's luncheon 
meeting of AMPA. Luncheon will 
be held in the fourth floor private 
dining-room of Stouffer's Restau- 
rant, Fifth Avenue between Forty- 
Fourth and Forty-Fifth Streets. 
Steel's discussion will concern it- 
self primarily with propaganda and 
propaganda methods in the current 

Members are asked 
promptly at 12:45. 

to attend 

Keith Corp. Retires Notes 

Washington Bureau of THE FILM DAILY 

Washington — B. F. Keith Corp. 
has retired another of its $125,000 
promissory notes payable to Bank- 
ers Trust Co., it is reported by the 
SEC. Present outstanding indebt- 
edness of B. F. Keith on the notes is 
now $500,000. 


"A Hilarious Scuffle" — Atkinson, Times 





Biltmore Evenings, 8:45 

W. 47th St. Mats., Wed. & Sat. 




Stop what you're doing and take good notice! 
Your theatres have reached no gross so high, 
have held no drama so long, that it can't be 
topped by this attraction! It is Cagney co-starred 
with Priscilla Lane in 'The Roaring '20's'! Read the 
reviews! Follow the tip! Tell your customers nowf 







Directed by RAOUL WALSH 

Screen Play by Jerry Wald, Richard Macaulay and Robert 

Rossen • From an Original Story by Mark Hellinger 

Warners for Action! 
Warners for Fair Play! Warners forThe 



Tuesday, October 17, 1939 


{Continued from Page 1) 

voices ought to be a prime plank 
in the platform of all liberals," and 
calls for editorial assistance. 

Other "necessities," as Wanger 
sees it, are: "Abandonment of har- 
assing legislation at home"; 
"wholehearted support abroad of 
the rights and interests of what is 
in itself one of our country's big- 
e'est businesses and also one of its 
biggest business-getters"; "courage- 
ous counsel and action on the part 
of the industry's leaders." 

Wanger suggests that the indus- 
try tell "pressure-group minorities," 
"Go fuss at someone else," and that 
it meet foreign boycotts with boy- 
cotts, meaning "immediate and con- 
certed withdrawal of all American 
film service" from boycotting coun- 

Jay Emanuel, Chief Barker 

of Philly's Variety Club 

Philadelphia — Jay Emauel, pub- 
lisher of the Exhibitor, was elected 
Chief Barker of the Variety Club 
Tent No. 13 yesterday at a meeting 
of the board. Other officers are: 
David Weshner, (Stanley-Warners), 
first assistant chief barker; David 
Supowitz, architect, second assis- 
tant chief barker; John Monroe, ex- 
hibitor, secretary; Ben Amsterdam, 
exhibitor, treasurer; Harry Ball, ex- 
hibitor, fixer. All elections were 

Delay Painters' Strike Vote 

West Coast Bureau of THE FILM DAILY 
Hollywood — At the request of Pat 
Casey, labor contact, members of the 
M P Painters Local 644 who had 
threatened to strike unless granted 
a 14 per cent wage increase retro- 
active to Aug. 12, have postponed 
their strike vote to Oct. 22. Painters 
now are being paid $1.34 per hour. 

M-G-M Buys "Escape" 

West Coast Bureau of THE FILM DAILY 

Hollywood — M-G-M has purchased 
rights to "Escape," Ethel Vance's 
Saturday Evening Post story. 

Best wishes from THE FILM DAILY 

to the following on their birthdays: 


Jean Arthur 

Marian Marsh 

Casey Robinson 

Roy Stewart 
David Bennett 
Marilyn Morgan 
Hapsburg Liebe 

with PHIL M. DALY; 

• • • THAT the industry's technical clans are swell show- 
men in addition to being just solons of science. .... .was eloquent- 
ly demonstrated yesterday in the Hotel Pennsylvania where the 

boys staged what they termed an "Informal Get-Together Luncheon" 

interluding the a.m. and p.m. sessions of their Fall Convention's 

opening day the cast was well nigh perfect with its trio 

of stars comprising Mayor La Guardia, W. G. Van Schmus and 

Rep. Bruce Barton all of whom were guests of honor and speak- 
ers while Prexy E. A. Williford of SMPE was in the m.c. 

spot with Dr. Alfred N. Goldsmith. S. K. Woli, Edward P. "Ted" 

Curtis. Frank Speidell. Charley Glett, and Walter Brooks fittingly parked 
on the dais with them 

T ▼ T 

• • • OUR local industry's social leader and Com- 
mander-in-Chief of the Intimate UV Radio City Music Hall 

got the speech-making off on the proverbial right foot by re- 
marking that if the Mayor and Mr. Barton think they know what 

a "hearache" is they should know the pangs of having sound 

apparatus go blooey while some 6,200 patrons look on in 

consternation Fortunately it rarely happens said Mr. 

Van Schmus but when it does it's no grand and glorious 

feeling ▼ ▼ T 

• • • HIZZONER then arose and confessed that when Mr. 

Van Schmus was about to cite what trouble was really like he 

thought that the Radio City Music Hall's main maestro was going to 

say that it was managing 72 Rockettes and if that were so 

Hizzoner would be glad to swap responsibilities by turning over 

to Mr. Van Schmus 72 Commissioners 

▼ ▼ ▼ 

• • • TO convey some idea of the beauty and colossal 

character of the New York World's Fair which he urged the 

SMPE delegates to see from stem to stern the Mayor avowed 

that even Hollywood adjectives fell descriptively short 

Rep. Bruce Barton initiated his highly informative talk re 

what is going on in Washington anent the Neutrality debate 

by recounting his first experience upon being elected to Congress 

It was in the form of a telegram dispatched to him by Rube 

Goldberg Said Rube "Now that you have been elected 

to office I urge that you introduce a bill at once which will 

provide that people pull in their knees at the movies" 

T ▼ T 

• • • OVER the luncheon table conversation yesterday 

disclosed that Julius (RCA) Haber and the Missus will soon have 

some new sound effects in the Haber home via arrival of a young 

Haber. . . • The SMPE boys are sounding off praises for Warners' 

"Private Lives of Elizabeth and Essex" tagging it a wow pix with 

wow Technicolor. . . • Your scribe, in a pre-feed bag huddle 

learned the Van Schmus opinion that 1939-40 pix product is 'way 

better than last season's 

T T ▼ 

• • • FILMLAND is glowingly represented on the Pro- 
ducing Committee for the gigantic benefit, "Night of Stars," 

set for Madison Sq. Garden on Wed. Evening, Nov. 15 Com- 
mittee's honorary chairmen are Barney Balaban, Nate J. 

Blumberg, David Bernstein, Jack Cohn, George J. Schaefer, 
Joseph M. Schenck, Murray Silverstone and Major Albert War- 
ner. . . o Tonight on the CBS network veteran cameraman 

Billy Bitzer will appear on the "We The People" pro- 
gram Billy lensed such titans as "Way Down East," "Orphans 

of the Storm," "Birth of a Nation" and "America" He re- 
cently completed "The Dictators' Lullaby" an Imperial Pic- 
tures release 


(Continued from Page 1) 

be mailed to each Congressman in 

In his discussion of the bill, "ar- 
tin, speaking, he said, as a la\[j er, 
gave it as his unbiased opinion that 
the bill would add a financial bur- 
den to producers and pile up more 
difficulties for exhibitors. Martin 
also stated that he did not believe 
in public censorship of motion pic- 

The ITO session was more largely 
attended than any previous meeting 
in several years, more than 100 ex- 
hibitors and representatives of al- 
lied trades being present. 

Eli W. Collins, former exhibitor 
and past president of the MPTOA. 
who is now state director of the un- 
employment compensation division, 
was another speaker, and Roy Rog- 
ers, Republic film star, was a guest 
of honor at the morning session. 

Hearing Ordered for Nov. 6 
in Roxy Assessment Appeal 

New York Supreme Court Jus- 
tice Julius Miller yesterday directed 
the tax commission of the City of 
New York to appear on Nov. 6 in 
response to a writ filed by Roxy 
Theater, Inc., which demands a re- 
duction of assessments on the Roxy 
theater for 1939-40. The writ 
stated that assessment had been 
fixed on Feb. 1, 1939, at $4,100,000 
with a land valuation of $1,550,000, 
and a building valuation of $2,550,- 

Roxy contends that the assessment 
should be reduced to $3,125,000 on 
the grounds that there has been an 
increase in assessments of $775,000 
since 1937, and that value of the 
theater has depreciated over that 
period. On May 4, 1939, the peti- 
tion stated, tax commissioner Hu- 
bert T. Delaney denied an appeal 
for a reduction. 

Warners to Start 12 Big 

Pix in Next Four Months 

West Coast Bureau of THE FILM DAILY 
Burbank — Twelve top-budget fea- 
tures are definitely set to start dur- 
ing the next four months at War- 
ners. Every script is either ready 
or in process of preparation under 
supervision of Hal B. Wallis, ex- 
ecutive producer. 

Kaltenborn's Split 

At a luncheon tendered yesterday by 
Columbia Pictures and CBS to H. V. 
Kattenborn in the South Lounge of the 
Rainbow Rcom, Kalrenborn said that 
half of his eight-hour stay in Hollywood 
had been spent in coming to terms on 
his salary for his appearance in "Mr. 
Smith Coes to Washington." Harry and 
Jack Cohn were unable to attend the 
luncheon as a result of a production 


7 J 

YEARS! ! ! 
COAST! ! ! 


Through ironic coincidence, British Ad- 
miralty loaned H.M.S. ROYAL OAK for 
the filming of the sensational naval thrill 
drama TORPEDOED!" 


See the terrific battle scenes in which this 
giant ship goes into action and is 


before your eyes! This monster battleship 
blown to bits! It happened in the headlines 
yesterday. See this amazing film! 


Through any Exchange of the 

FILM ALLIANCE of the United States, Inc 



Tuesday, October 17, 1939 


{Continued from Page \) 

that from his personal observations 
many scenes are made here for fea- 
tures. Further, he declared, New 
York is the art center of the world 
from the standpoint of music, the 
number of musicians, the existence 
of libraries and other facilities for 
research. Remarking upon the lat- 
ter, he cited the belief that if film 
producers availed themselves of local 
wealth of research avenues that 
there would be more authenticity 
and accuracy in motion pictures. 

Costs, he said, should not be any 
more than at present on the Coast, 
and slyly called attention to the fact 
that, from the standpoint of taxes, 
the Coast has these, too. 

"I would like to see the industry 
return to New York," the Mayor 
stated, and then went on to say that 
the factor of climate should not, in 
light of modern methods, be a de- 
terring factor, although admittedly, 
he added, New York has "some un- 
usual weather in Winter and Sum- 

He told the delegates that he 
would be happy to confer on plans 
to further Eastern production, and 
that they might well, at this time, 
be apostles to their own studios in 
urging that this city be considered 
as a producing capital. 

"This is not a Chamber of Com- 
merce talk," the Mayor said, "I 
mean it." 

W. G. Van Schmus, managing di- 
rector of the Radio City Music Hall, 
also spoke at the luncheon, as did 
Rep. Bruce Barton who asserted 
films have been instrumental in 
opening up new channels in adver- 
tising technique. 

Among important members of the 
organization in attendance are: W. 
J. Albersheim, D. Mackenzie and 
K. F. Morgan of Erpi; M. C. Batsel 
and E. W. Kellogg of the RCA Man- 
ufacturing Co.; H. D. Behr of Wilmer 
& Vincent; E. K. Carver, D. L. Hynd- 
man, J. I. Crabtree, E. P. Curtis, R. 
M. Evans, H. M. Townsley, F. Tut- 
tle and H. C. Wellman of the East- 
man Kodak Co.; A. C. Downs, E. 
R. Geib, E. A. Williford and D. Joy 
of the National Carbon Co.; J. Durst, 
G. Friedl, Jr., P. A. McGuire and H. 
Griffin of International Projector; A. 
S. Dickinson of the MPPDA; L. W. 
Davee of Motiograph; G. C. Edwai'ds 

Happy Childhood! ! I 

Milwaukee, Wis. — There's plenty of 
variety in giveaways for kid shows be- 
ing offered by Wisconsin exhibitors. 
The Uptown Theater, Racine, for ex- 
ample, has offered a 5-cent bottle of 
milk; the Bay at Cren Bay, candy 
bars and coin banks; the Orpheum in the 
same city, Eskimo pies; the Strand in 
Creen Bay, doughnuts; the Strand and 
Madison in Madison, 5-cent bag of 
Karmelkorn; the Capitol in Madison, a 
Jumbo ice cream, and the Orpheum in 
the same city, a piece of birthday cake 
in observance of Donald Duck's fifth 

Rhapsody in Blue 

Bushnell, Fla. — The Bushnell Theater is 
undergoing an extensive redecorating 
program. The walls have been painted 
in five shades of blue, graduated from 
a Copenhagen shade at the bottom to 
a delicate sky blue at the top. A silver 
grey curtain covers the stage with royal 
blue side drapes. 

of Warners' Strand Theater; R. E. 
Farnham of General Electric; F. C. 
Gilbert of Altec; G. R. Giroux of 
Technicolor; 0. M. Glunt and W. A. 
MacNair of Bell Telephone Labora- 
tories; M. E. Gillette of the U. S. 
Army; P. Mole of Mole-Richardson; 
0. F. Neu of Neumade Products; 
J. A. Norling- of Loucks & Norling; 
H. F. Oakley of du Pont; E. I. 
Sponable of 20th Century-Fox; R. 0. 
Strock of Eastern Service Studio; S. 
K. Wolf, acoustic consultant; B. 
Schlanger, F. J. Serrano and V. A. 

Movies in Three Dimensions 
Demonstrated at SMPE Meet 

Practical demonstrations of how 
to make the right eye see things 
that are hidden from the left eye, 
and vice versa, to reproduce a three- 
dimensional motion picture; and 
the production of "phosphorescent 
echoes" to create artificial sound 
reverberation in rapidly shifting- 
television scenes, were among the 
high jinks performed before the 
SMPE last night on the World's 
Fair grounds. 

J. A. Norling, of Loucks & Nor- 
ing Studios, described the making 
of a three-dimensional motion pic- 
ture on double film with a camera 
having two polarized lenses, spaced 
apart to record the composite depth 
of vision obtained by human eyes. 
He then distributed polarized view- 
ing glasses to the SMPE delegates 
with which they saw the completed 
pix at the Chrysler World's Fair 
Auditorium. One of the lenses in 
the viewing glasses is polarized to 
admit light vertically and the other 
to admit light horizontally, so that 
each eye sees a slightly different 
image, which when communicated 
to the brain together become a com- 
posite scene of amazingly natural 

Peter C. Goldmark and Paul S. 
Hendricks of CBS at yesterday af- 
ternoon's session disclosed the es- 
sentials of a unique system they 
developed for the production of 
desired reverberation effects to meet 
the special requirements of tele pro- 
gram production. They propose that 
all tele sets and props be built with 
a sub-normal or "dead" acoustical 
characteristic and that the desired 
echoes be added artificially. Sys- 
tem is said to be adaptable to film 

A. S. Dickinson, the SMPE finan- 
cial vice-president, and J. Frank, Jr., 
the secretary, were returned for ad- 
ditional terms at the election yes- 
terday morning. D. E. Hyndman, 
of the Eastman Kodak Co., who is 
chairman of the Society's Atlantic 
Coast Section, was elected engineer- 
ing vice-president. R. 0. Strock, 
of the Eastern Service Studios, was 
chosen treasurer. 


(Continued from Page 1) 

Brandt Circuit houses so far have 
proved satisfactory, and other the- 
aters of the circuit are being readied 
for acts as soon as the test periods 
establish that the public favors the 
policy as a steady diet. 

Loew's Metropolitan in Brooklyn 
will initiate one week of stage shows 
on Oct. 19 when Eddie Cantor makes 
his first bow in a Brooklyn house 
in more than eight years. However, 
it is not planned to make the policy 

Unit shows out of Chicago are re- 
ported to be in heavy demand in the 
Midwest, while many independent 
houses along the Eastern seaboard 
are said to be preparing to book acts. 

While Screeno and other games 
continue to hold the spotlight as the 
extra atraction in a majority of the- 
aters, it is reported that managers 
plan to turn to stage shows if, and 
when, giveaways lose their draw- 
ing power. 

Krepps' Statement Applied 
to Vaude and Not Skouras 

Dillon Krepps, Skouras district 
manager, was quoted in yesterday's 
Film Daily to the effect that busi- 
ness in the circuit's New York City 
theaters was running approximately 
40 per cent ahead of a year ago. 
Percentage figure applied instead to 
the general gain in vaudeville book- 
ings, and was not applicable to the 
Skouras circuit. 

Many Cities Observed Pix's 
Golden Jubilee Last Week 

The film industry's 50th anniver- 
sary was celebrated in a number of 
key cities last week, with San Fran- 
cisco and Gi'eenville, S. C, topping 
the news. 

In San Francisco, Mayor Rossi 
proclaimed Oct. 8-15 as Motion Pic- 
ture Jubilee Week. Most of the 
local papers stressed the point that 
among the earliest attempts to make 
pictui'es move were those at Leland 
Stanford's farm at Palo Alto in 

In Greneville, Ann Rutherford ap- 
peared as Queen of the Cotton Fes- 
tival at the Cotton States Exposi- 
tion, where, in 1894, Thomas Armat, 
early experimenter in pictures, first 
saw Edison's Kinetoscope. 

Other celebrations in one form 
or another were held in Chicago, 
Baltimore, Pittsburgh, Harrisburg, 
Los Angeles, Cleveland, Columbus, 
Milwaukee, Dallas, El Paso, Tacoma, 
Buffalo, Rochester, Fort Wayne, 
Zanesville, Elkhart, and Houghton, 

Fred Wagner Dead 

Chicago — Fred Wagner, for sev- 
eral years, head booker for the 20th- 
Fox Exchange, died at the Edward 
Hines Hospital after a long illness. 
He was a leading member of the 
Chicago Bookers Club. His wife 


"Law of the Pampas" 

with William Boyd, Russell Hayden, 

Sidney Toler 

Paramount-Sherman 72 Mins. 


Here is splendid entertainment, with the 
Argentine furnishing a new locale for the 
adventures of Hopalong Cassidy. As usual, 
Harry Sherman has assembled a very good 
cast and gained excellent production val- 
ues. Nate Watt has turned in fine direc- 
tion, creating suspense and holding inter- 
est until the end. Bill Boyd gives a sin- 
cere, convincing performance as "Hoppy," 
while Sidney Toler is especially good in 
the role of an Argentine ranch foreman, 
who is always worrying. Russell Hayden 
does his usual capable work as Boyd's 
happy-go-lucky companion. Steffi Duna is 
intriguing as a singer and dancer, while 
Sidney Blackmer is a smooth, cold-blooded 
villain. Pedro de Cordoba is effective as 
the ranch owner. William Duncan, Anna 
Demetrio and Jo Jo La Savio complete the 
cast. Harrison Jacobs supplied an inter- 
esting screenplay. Russell Harlan's cam- 
erawork is up to his usual high standard. 
When de Cordoba purchases much live- 
stock in Colorado, Boyd is assigned to de- 
liver the shipment to the Argentine. At 
the de Cordoba ranch, he learns that 
de Cordoba's daughter, who was married 
to Blackmer, and de Cordoba's son had 
died under mysterious circumstances. 
Blackmer's actions cause Boyd to suspect 
that Blackmer had both his wife and 
brother-in-law slain so that he would have 
no opposition for control of the ranch 
when de Cordoba passed on. Boyd gathers 
evidence that proves Blackmer hired men 
to cause the deaths, and in an exciting 
finish Blackmer and his men are brought 
to justice. 

CAST: William Boyd, Russell Hayden, 
Sidney Toler, Steffi Duna, Sidney Black- 
mer, Pedro de Cordoba, William Duncan, 
Ann Demetrio, Eddie Dean, Glenn Strange, 
Jo Jo La Savio and the King's Men. 

CREDITS: Producer, Harry Sherman; As- 
sociate Producer, Joseph W. Engel; Direc- 
tor, Nate Watt; Based on character cre- 
ated by Clarence E. Mulford; Original 
Screenplay, Harrison Jacobs; Cameraman, 
Russell Harlan; Art Director, Lewis J. 
Rachmil; Editor, Carroll Lewis; Sound, Earl 

Very Good. 

J. A. Heffernan Dead 

Springfield, Mass. — James A. Hef- 
fernan, who once led the orchestras 
in the Court Square, Bijou and 
Broadway Theaters, here, died after 
a brief illness. 

I .viii Double Bill 

Wichita, Kans.— The Civic Theater 
here double-billed "Confessions of a 
Nazi Spy" and "Young Mr. Lincoln" 
with the question: "Which ISM Will 
Dominate America? Nazism?, or Amer- 
icanism?" Mats flanked each other 
with the latter two words and their 
questions in bold type atop each. 

Tuesday, October 17, 1939 




{Continued from Page 1) 

Schneider, A. Montague, Nate B. 
Spingold, Maurice A. Bergman, Leo 
Jaffe, Frank McGrann, Hortense 
So*— yr, Leonard Gaynor, Hank 
K/v .-man, and Bernard Zeeman. 
President Harry Cohn, who flew to 
New York yesterday from the Coast, 
preceded the party to attend a Na- 
tional Press Club Luncheon for 
Capra this noon. Speakers will in- 
clude Capra, Arthur Hachten, Club's 
prexy, and W. G. Van Schmus. 

Representatives of newspapers from Xew 
York, Philadelphia, Baltimore and Boston 
include : 

From New York: Chester B. Bahn, How- 
ard Barnes, William Boehnel, Colvin Brown, 
Herbert Cohen, Eileen Creelman, Frank Far- 
rell, Dale Harrison, Arthur James, Bland 
Johaneson, Maurice Kann, George Lait, Chick 
1 Lewis, Donald M. Mersereau, Daniel D. 
i Mich, Leo Mishkin, Lee Mortimer, Frank 
Nugent, Rose Pelswick, Martin Quigley, 
George Ross, Sam Shain, Frances Simon, 
5 H. Allen Smith, Frederick James Smith, 
1 Louis Sobol, Jack Stinnett, Irene Thirer, 
, Danton Walker, Tom Wenning, Archer Win- 
sten, Joan Younger. From Philadelphia : 
1 Bernard Bergman. Jay Emanuel, Jeff Keen, 
) Henry Murdock, Samuel Schwab, Moe Wax. 
From Baltimore : Norman Clark, Gilbert 
Kanouer. From Boston : Marjory Adams, 
Joyce Dana, Peggy Doyle, Helen Eager, Pru- 
I iiella Hall, Charles Howard, Elinor Hughes, 
. John Hutchens. 

Tonight's world premiere, which follows 
a dinner for Capra, will attract a number of 
I exhibs. in addition to the official audience of 
I cabinet members, Federal executives and 
i officers of the Army and Navy. Schedued 
. to attend are : 

' From Baltimore: Frank Durkee, Durkee's 
; Circuit; I. M. Rappaport, Hippodrome The- 
I ater; J. Louis Rome, Rome Circuit. From 
, Washington : John J. Payette, general zone 
' manager, Warner Bros. Theaters; George 
5 A. Crouch, asst. general zone manager, War- 
l ner Bros. Theaters ; Charles Olive and Fred 
Kogod, Atlas and Princess Theaters; A. E. 
1 Lichtman, Lichtman Circuit; Louis Bern- 
heimer, Bernheimer Theaters; Morton Thal- 
himer and Sam Bendheim of the Neighbor- 
hood Theaters, Richmond, Va. ; Ben Pitts, 
Pitts Circuit, Fredricksburg, Va. ; Louis 
Ribnitzki, chief booker Warner Bros. The- 
aters; J. Henry Hiser, Hiser Theater, Beth- 
esda, Md. ; Herman Rubin, Century' Theater, 
Petersburg, Va. ; Wm. Wilder, Wilder The- 
aters, Norfolk, Va. ; Leonard Gordon, Pal- 
ace Theater, Newport News, Va. ; Mrs. Clara 
Wachter, Henry's Theater, Hagerstown, Md. ; 
Mrs. Grace Fisher, Maryland Theater, Cum- 
berland, Md.; Hunter Perry, Paramount The- 
ater, Charlottesville, Md. ; Elmore D. Heins, 
Roanoke, Va. 

Trial of Nick on Extortion 
Charge Starts in St. Louis 

(Continued from Page 1) 

terday before Circuit Judge Aron- 
son. Selection of a jury was com- 
pleted. The testimony is expected 
to take a week. 

State Representative Edward M. 
Brady, jointly charged with Nick 
in connection with one alleged $10,- 
000 collection from theater owners 
in 1936 was granted severance and 
will be tried later. Conviction on 
charge would carry a punishment of 
from two to five years' imprison- 

Nick has declared he is innocent 
of the chai'ge. 

Fine Arts Exec. Dead 

West Coast Bureau of THE FILM DAILY 
Los Angeles — Samuel Diege, 37, 
production manager for Fine Arts, 
died of heart attack. 

Biz Men to Continue Free Pix Indoors 

Edgerton, O. — Edgerton business men are sponsoring a continuation of the free 
shows given outdoors throughout the Summer, and will use the Park Opera House for 
the indoor gatherings, shows to be given each Saturday afternoon and evening. 

Alexander Film Acquires 

TAD's Principal Assets 

{Continued from Page 1) 
Don Alexander of the Alexander 

The sale marks the latter's ac- 
quisition of the business of its larg- 
est competitor, which was formed 
three years ago. 

TAD, with C. B. Akers of Dallas 
as its president, has been operating 
in seven states with its principal 
business operations in Oklahoma and 

TAD has disposed of its principal 
assets to Alexander, and Alexander 
will carry on TAD's business. The 
assets consist om some $300,000 in 
business on TAD's books. TAD will 
remain incorporated to assist in the 
completion by Alexander of existing 
theater and advertising contracts. 

The deal also includes the assign- 
ment to Alexander's of the co-dis- 
tributor's contract held by TAD 
with General Screen Advertising, 
Inc., (GSA) of Chicago. 

Also included is the assignment of 
all TAD's theater screening agree- 
ments — some 1,500 in seven states. 
Included among the exclusive agree- 
ments are three Paramount partner 
chains — Kincey of the Carolinas, In- 
terstate of Texas, and the East 
Texas Jefferson Amusement chain, 
as well as a long-time screening 
agreement with Griffith Amusement 
Affiliated Theaters, which operates 
in the southwestern states. 

55 Paris Film Theaters 

Open; Old Pix Favored 

(Continued from Page 1) 
unwilling to play new releases in 
view of the limited box-office re- 
ceipts possible at the present time. 

Safety decrees in effect are fac- 
tors in the small attendance figures. 
Audiences are restricted to 300. sale 
of standing room is prohibited and 
all theaters must have air raid shelt- 
ers within 150 yards of exits. 

The house personnel problem is 
a serious one. There is a shortage 
of projectionists. American distribs. 
are assisting in training operators. 

Amended Complaint in Folly 
Anti-Trust Suit Against UA 

(Continued from Page 1) 

Corn., in its anti-trust suit for 
$250,000 triple damages against the 
eight majors. Republic Pictures 
Corp.. Monogram Distributing Corp.. 
Randforce Amusement Corp., and 
other defendants. 

Plaintiff claims that a conspiracy 
to deprive it of product forced it 
to surrender its lease to the Folly 
Theater, Brooklyn. 

Briefs in B b K Contempt 
Case to be Filed Today 

(Continued from Page 1) 

ington where they completed the 
briefs in the Government's contempt 
case against B & K and major com- 
panies. Simon and Wright are ex- 
pected to submit the briefs immedi- 
ately to Judge Woodward. Final 
details of the case insofar as the 
Government's preparation is con- 
cerned are believed to have been 

Defendant companies will have 30 
days in which to answer after the 
briefs are submitted to the court. 

Mohr Funeral Held 

Funeral services for William R. 
Mohr, 46, head of the bonding and 
security department of Actors 
Equity, were held Sunday at his 
home in Chappequa, N. Y., with 
interment following. Mohr died last 
week of a heart attack. He had 
been with Equity since 1924. He 
is survived by his mother, Mrs. J. 
Leonard Mohr. 


(Continued from Page 1) 

bility of any Syracuse exhibitors 
attending the session, most of those 
interviewed expressing the opinions 
that they were satisfied with the 
leadership of Max A. Cohen, whose 
original Allied unit severed connec- 
tions with national. 

Although Cohen was asked to at- 
tend today's meeting, he previously 
announced that he would not be 

Other Allied leaders who were 
asked to attend include Frank Ly- 
don, eastern regional vice-president; 
Sidney Samuelson, of the Eastern 
Pennsylvania unit; Lee Newbury, 
president of New Jersey Allied, and 
Arthur Howard, business manager 
of the New England unit. 

Richard, Long III, Dead 

New Bedford, Mass. — Joseph Rich- 
ard, 40, for more than 27 years as- 
sistant projectionist at the Empire 
Theater here, died at his home fol- 
lowing an illness of two years. 





With holdovers already starting, the reports 
of sensational business continue to roll in 
from all parts of the nation! 




|*"««I3 13 I S T 

ZU W 4. H- ST 

Intimate in Character 
International in Scope 
Independent in Thought 


\ /C 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

V^ \ 76, NO. 76 



Suit Filed Against Four N. Y. Circuits by Local 306 


N. Y. Indie Group Claims Cohen Exceeded Authority 

N. Y. Allied President to be 

Asked to Deliver Books 

of State Unit 

Syracuse — Eight members of New 
York Allied, plus Col. H. A. Cole, 
national president, Sidney Samuel- 
son and E. Thornton Kelly, met here 
yesterday and passed a resolution 
finding fault with State President 
Max A. Cohen for discharging Kelly 
as executive secretary, an action, it 
was said, which exceeded Cohen's 
authority under the constitution. 

The meeting went on record as 
an official session of Allied Theaters 
of New York, Inc., claiming to have 
been legally called after the consti- 
tution was consulted regarding let- 

(Continued on Page 4) 



Reported to be "at the request of 
theater owners," Harry Brandt, 
ITOA president, leaves for Holly- 
wood during the first week in No- 
vember to investigate conditions in 
the industry. 

Among the matters he intends to 
check are the ability of picture com- 
panies to produce high quality pic- 
(Continued on Page 7) 

Glazer, Gensler Talk Deal 
for 3 Productions in East 

Deal whereby Barney Glazer and 
Lewis Gensler will make three fea- 
ture productions at Eastern Service 
Studios is being talked now between 
the two producers and studio ex- 

( Continued on Page 4) 

2,177 Theaters Reported 
$472,536,000 Gross in '37 

Washington Bureau of THE FILM DAILY 

Washington — A gross income of 
$472,536,000 for 2,177 theaters in 
the United States for 1937, was re- 
ported yesterday by the treasury 
department in the second of a series 
of tabulations compiled by commis- 
(Continued on Page 7) 

Columbia and Capra Capture Washington; 

3,000 Attend Premiere of "Mr. Smith" 

Washington Bureau of THE FILM DAILY 
Washington — On Aug. 24, 1814, the British captured Washington. Yesterday, 
it was Columbia's turn, thanks to Frank Capra and "Mr. Smith Goes to Washington." 
Before an audience of more than 3,000, predominantly official and including outstanding 
figures in American life, the Capra production starring James Stewart and Jean Arthur 
had its world premiere in the D.A.R.'s Constitution Hall under sponsorship of the 
National Press Club, a precedent. 

The picture, with its stirring and timely exposition of American Democracy, finding 
crystallization in Smith's eloquent cry, "Liberty is too precious a thing to be buried 
in books," held the vast crowd in a fashion to underline THE FILM DAILY'S critical 
estimate of Oct. 6: "Ace box-office hit gives Frank Capra another outstanding contender 
for Academy honors." 

As for the opening, it was at least a de luxe super-super colossal event. Prelim- 
inaries included a Press Club luncheon for Capra attended by 450, a dinner for Capra 
at which some 100 visiting newspaper men and company execs, were present. 

— BAHN. 



Coincident with the demonstration 
last night of the "Vocoder" or 
"voice coder" to the delegates of 
SMPE in the auditorium of the En- 
gineering Society Building, 29 West 
39th St., in company with members 
of the New York Electrical Society, 

{Continued on Page 6) 

Whitehead Sues for $100,000 
from Actor Unions' Execs. 

Libel suit for $100,000 damages 

was filed yesterday in the New York 

Supreme Court by Ralph Whitehead 

against Edward Arnold, Frank Gill- 

(Continued on Page 7) 


Operation of three theaters in 
Sao Paulo, Brazil, will be definitely 
identified with United Artists by the 
terms of a deal which has been con- 
cluded with local interests there, it 
was asserted yesterday by Walter 

'Continued on Page 7) 


Y. Pari-Mutuel Return 
Estimated at 5 Millions 

Albany — Sponsor John J. Dunni- 

gan's estimate of $8,000,000 to $10,- 

000,000 take by the state annually 

in the event of pari-mutuel passage 

{Continued on Page 4) 

Local 306 Sues Four N. Y. C Circuits 
For Restoration of 10 P. C. Wage Cut 

Guests Arrive in Detroit 
For Premiere of "Passage" 

Detroit — Prominent circuit opera- 
tors, key city newspapermen and 
Hollywood stars will arrive here 
today and tomorrow for the world 
premiere of Paramount's "Disputed 
(.Continued on Page 6) 

Suits have been instigated by Lo- 
cal 306, operators union, against 
RKO, Loew, Warner and Paramount 
theater circuits in the area within 
the union's jurisdiction asking for 
restoration of a 10 per cent wage 
cut granted by the Local to the the- 
aters when Sam Kaplan was presi- 
dent of the union. 

Suits, in the name of Joseph Bas- 
(Continued on Page 4) 

Abram Myers Drops Hint As 

To How Certain Problems 

Could Be Met 

Dangers confronting the motion 
picture industry and a suggestion 
as to how all branches of the busi- 
ness might co-operate in meeting 
certain problems highlight a general 
bulletin issued yesterday by Abram 
F. Myers, general counsel of Al- 
lied. Myers' message covers a 
variety of subjects ranging from war 
losses to the industry's Golden Jubi- 

Under the heading of "Dancing in 
the Dark," referring to the pro- 
ducers' alleged "uncontrolled power 
to increase or lower the value of 
their products after the prices to 
the exhibitors have been fixed," the 
bulletin makes a veiled suggestion 
as to how this practice and others 

(Continued on Page 6) 


Newark, N. J. — Warner Bros. Pic- 
tures, Inc., and Universal Pictures 
have been stricken by Federal Judge 
Fake as defendants in the suit 
brought by Quemos Theaters Co., 
former operators of the Mosque. 
Downtown house, under Federal 
anti-trust laws. It was held that 
(Continued on Page 7) 

Wage Scale for Television 
To be Prepared by Gordon 

Indicating that NBC is interested 
in ironing out the question of wage 
scales for television broadcasts as 
quickly as possible in order to step 
up the quality of the shows, Max 
(Continued on Page 6) 

Wilcox to Remain in U. S.; 
Plans to Produce "Irene" 

Herbert Wilcox will remain in 
the U. S. until his services are 
needed by the British government 

(Continued on Page 6) 


Vcl. 76, No. 76 Wed., Oct. 18, 1939 10 Cents 



DONALD M. MERSEREAU : General Manager 
CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
0-7117, 9-7118. 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St., 
W. I. PARIS— P. A. Harle, La Cinematog- 
raphic Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo, 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico, 
D F. BUENOS AIRES— Chas de Cruz. 
Heraldo Del Cinematografista, Corrientes 1309. 

Roman Suing Para. Over 
Alleged Pix Re-issue Breach 

Asking for $250,000 damages for 
alleged breach of a contract to dis- 
tribute re-issues of "Morocco" and 
"The Spoilers," Benjamin Roman 
filed suit yesterday in the New York 
Supreme Court against Paramount 
Pictures, Inc., and Paramount Pic- 
tures Distributing Corp. Applica- 
tion was also filed, returnable on 
Oct. 24, to examine before trial Neil 
F. Agnew, Myron Sattler, Milton 
Kusell and Joseph Unger. 

The complaint claims that the de- 
fendants on Nov. 18, 1938, gave Ro- 
man a one-year exclusive agency 
for the two pictures in New York 
State and Northern New Jersey. In 
Feb., 1939, the complaint contends, 
the defendants refused to supply 
any additional prints and notified 
Roman that the contract was termi- 

f mnnciflL 


High Low Close Chg. 

Am. Seat 

Col. Picts. vtc. (2i/ 2 %) 

Columbia Picts. pfd 

Con. Fm. Ind 114 1 Vi 1% 

Con. Fm. Ind. pfd.. 9 8y 2 9 + % 

East. Kodak 160 155'/ 2 160 + 5% 

do pfd 160 160 160 

Cen. Th. Eq 12 115/ 8 12 + l/ 4 

Loew's, Inc 34 33y 2 333/4— Vs 

do pfd 

Paramount 7% 75/ 8 73/ 4 + i/ g 

Paramount 1st pfd.. 80 80 80 

Paramount 2nd pfd.. 8% 8% &% + Vs 

Pathe Film 103/ 4 10i/ 2 10% + Vs 

RKO 15/g 1% 1% 

20th Century-Fox . . 14y 8 13y 8 14 + Vs 

20th Century-Fox pfd. 24 24 24 

Univ. Pict. pfd 67 67 67 

Warner Bros 4V 8 4 4 — Vs 

do pfd 43 43 43 +2 


Keith B. F. ref. 6s46 

Loew's deb. 3'/ 2 s46. .99 98i/ 4 99 +1 

Para. B'way 3s55 

Para. Picts. 6s55 

Para. Picts. cv. 3 y 4 s47 80 Vi 80 V 4 80V 2 + i/ 4 

RKO 6s41 55V2 551/2 551/2 + 21/2 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 83 82 82 


Monogram Picts. ... 114 V/s 114 

Sonotone Corp 

Technicolor 115/ 8 U'/ 2 111/ 2 — 1/4 

Trans-Lux 1 14 1 Vs 1 'A + Vs 

Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd 100'/ 2 .... 

Fox Thea. Office Bldg. 1st '46 5 7 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse. Inc. 2nd deb. '45.. 63 66 
Roxy Thea. Bldg. 4s 1st '57 58% 61 

B & K Completing Product 
Deals; UA Pact Pending 

Chicago — With a United Artists 
deal still in negotiation, B & K has 
signed new season product deals 
with all companies except RKO, ac- 
cording to Abe Kaufman, chief 
booker for the circuit. Conferences 
on an RKO pact are expected to get 
under way next week. 

Great States Circuit has com- 
pleted its product-buying for the 
season, several re-issues included. 

Kaufman said yesterday that 
most of the new season pictures are 
registering well at the box-offices. 
Three United Artists pictures now 
playing" were booked on individual 

Cleveland Indies Sign New 
Operator Pact at Old Scale 

Cleveland — A new one-year con- 
tract between the operators and in- 
dependent exhibitors was settled 
vesterday. New pact calls for the 
same wage scale and practically the 
same working conditions. First- 
runs and affiliated theaters had pre- 
viously signed a new contract at the 
old scale. 



Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


Two Circuits Book "Maginot" 

Skouras and Walter Reade cir- 
cuits have booked "Double Crime In 
The Maeinot Line" for their entire 
chains, Tower Pictm*es, distributors 
of the film, announced yesterday. 
Bookings have also been set with 
the Fabian circuit, it was said. 

"Allegheny Uprising" Set 

Pittsburgh — World premiere of 
"Allegheny Uprising" has been set 
for Nov. 3 at Loew's Penn. RKO 
is planning an opening similar to 
those held by other companies in 
Dodge City and Omaha. 

Mrs. Cowan Recovering 

Albany — Mrs. Larrv Cowan, wife 
of the manager of Fabian's Grand, 
Albany, is recuperating after a seri- 
ous illness. 

Wednesday, October 18, 1939 


Levy, Interstate's City 

Mgr. in Fort Worth, Dies 

Fort Worth, Tex. — Pierre C. Levy, 
53, city manager for the Interstate 
Circuit Theaters in Fort Worth for 
the past five years, died in Fort 
Worth Hospital Sunday after a 
year's illness. 

Levy, one of Fort Worth's oldest 
showmen in number of years con- 
nected with film theaters, has had 
much to do with the progress of 
theaters in Fort Worth. He operated 
the Healy Theater here as a nickel- 
odeon about 1913, and later the Hip- 
podrome, as the city's first, first- 
class movie theater. 

'Jamaica Inn" 25% Ahead 
Of "Beachcomber" in N. Y. 

At the completion of its first 
week at the Rivoli Theater, Charles 
Laughton's "Jamaica Inn" is run- 
ning 25 per cenat ahead of the star's 
previous vehicle, "The Beach- 
comber," which played the Rivoli 
during last Christmas week, accord- 
ing to the report made by Manager 
John Wright to Paramount, distrib- 
utors of both Laughton pictures. 

On the basis of this first week's 
business, "Jamaica Inn" will be one 
of the three top-grossers to play the 
Rivoli in the past five years, Wright 
also reported. 

Allege Plagiarism of Song 
in Suit Against 20th-Fox 

Suit for alleged song plagiarism 
was filed yesterday in the Federal 
Court against 20th Century-Fox 
Film Corp., Con Conrad, Herb Ma- 
gidson, and the Sam Fox Publishing 
Co., by Carl Field and Henry and 
Jeff Clarkson. 

The suit claims that the song 
"Here's to Romance," in the 20th- 
Fox picture of the same title, in- 
fringes upon the plaintiff's song, 
"Goodbye to Love." Suit asks for 
$25,000 damages, an accounting on 
profits allegedly exceeding $500,- 
000, and an injunction. 

George Glass is Appointed 
Vice-Pres. of Birdwell Co. 

West Coast Bureau of THE FILM DAILY 
Hollywood — George Glass moves 
up to vice-presidency of Russell 
Birdwell and Associates, Hollywood 
publicity firm. 

For three and a half years, Glass 
worked in Birdwell's Selznick Inter- 
national publicity and exploitation 
department. He left S-I at the 
beginning of this year to join Bird- 
well's independent company. 


Experienced talent scout with a knack 
for "getting things done" now avail- 
able. Background of 15 years in all 
phases of motion picture business. 
Would be valuable assistant to busy 
producer. Can offer sterling references 
as to ability and character. 

1501 B'way N. Y. C. 

i a I tain 
tht natter 

cominG nrso Gome 

NICHOLAS M. SCHENCK is scheduled to re- 
turn here next week from a visit to the Metro 

JOSEPH M. SCHENCK returns to the Coast 
in about a week after a combined business 
trip and vacation here. 

WILLIAM F. RODGERS, Metor sales 
plans to go to Chicago on business 
part of this week. 

DR. A. H. CIANNINI arrives here this week 
for a vacation. 

MONROE GREENTHAL, United Artists ex- 
ploitation director, leaves for the Coast this 
week-end on business. 

Oklahoma City, who has been visiting in New 
York, leaves today for Boston. 

DONALD M. MERSEREAU, general manager 
and CHESTER B. BAHN, editor of THE FILM 
DAILY, were in Washington yesterday for the 
opening there of Columbia's "Mr. Smith." 

J. KENFIELD MORLEY, president of Advita- 
graph, is here for the SMPE convention. 

IRVING SHIFFRIN, RKO publicist, has re- 
turned from Philadelphia where he was con- 
tacting newspapers and magazines on new prod- 

ELIZABETH PATTERSON arrived from Holly- 
wood yesterday for a two week's vacation. 

GERALDINE FITZCERALD arrives here Friday 
on the Manhattan after a vacation in Ireland. 

DON AMECHE and MRS. AMECHE leave the 
Coast next week for an eight-week air tour 
cf South and Central America. 

ROBERT TAYLOR is scheduled to leave the 
Coast this week for a vacation in New York. 

ELIZABETH PATTERSON arrives here this 
week from the Coast to appear on a radio 

Four Theater Companies 
As Assessment Reduction 

Application of four associated 
moving picture theater companies 
to reduce assessments on four the- 
aters was filed yesterday in the 
New York Supreme Court. The com- 
panies, Yoost Photoplay Theater 
Co., Ltd., Murray Hill Photoplay Co., 
Inc., Ansonia Amusement Corp., and 
William Yoost, seek reductions vary- 
ing between $30,000 and $75,000 
on theaters, claiming excessive valu- 
ation by the tax commission of the 
City of New York. 

MP Associates Meet 

Business meeting and luncheon of 
Motion Picture Associates was held 
yesterday at the Astor with Harold 
Rodner, Emil K. Ellis and Sam 
Rinzler as guest speakers. Jack 
Ellis, president, presided. Ellis dis- 
closed that 13 new applications for 
membership had been received, which 
will bring the number of members 
to a new high. 


"A Hilarious Scuffle" — Atkinson, Times 





Biltmore Evenings, 8:45 

W. 47th St. Mats., Wed. & Sat. 


Special M-G-M Flash! 

TOPNOTCHKA! From every trade preview of GARBO in "NINOTCHKA" 
have come report- cards filled in by exhibitors that confirm the industry's 
advance enthusiasm. If you were unable to attend, you will benefit by the ad- 
vice of those who saw this extraordinary entertainment: "Topnotchka Enter- 
tainment." "It's terrific. Be sure to tell them there's a new, laughing Garbo." 
"Enjoyed every minute of this great Lubitsch comedy." "Swell comedy- 
romance that should be sold far in advance so they know what a grand 
picture is coming." "Word of mouth will make it S.R.O." "Welcome relief 
after heavier Garbo roles, she is screen's new comedienne in smash hit!" 

BOX-OFFICE BABES i As we go to press "BABES in ARMS" proves beyond 
doubt that it will take its place among the biggest grossers of all time. 
Dallas, Philadelphia, Los Angeles, Cincinnati, Houston, Chicago have each 
revealed in sensational record-breaking results the unique entertainment 
qualities of this MICKEY ROONEY-JUDY GARLAND musical comedy, 
with stars of stage and screen delivering a rousing show. M-G-M's trade 
previews gave hundreds of exhibitors first-hand realization of why booking 
time must be doubled. Publication of glowing reports following the press 
showing intensified the demand for extension of playing time. Seldom has 
a picture been launched with hold-overs pre-arranged so extensively. 




Wednesday, October 18, 1939 


{Continued from Page 1) 

son, incumbent president, claim that 
when the Local granted the wage 
cuts, which were at the request of 
the theater interests, restoration of 
the cut within one year's time was 
agreed upon, and the theater cir- 
cuits have failed to fulfill their part 
of the agreement. 

Papers in the suits were served 
this week, with legal action being 
instituted in the Supreme Court of 
New York County. 

N. Y. 

Pari-Mutuel Return 
Estimated at 5 Millions 

{Continued from Page 1) 
next month by the voters, is thought 
too optimistic by observers here. 
More conservative estimators figure 
$3,000,000 to $5,000,000, with Her- 
bert Bayard Swope, chairman of the 
State Racing Commission, computing 
the latter figure as tops. 

Exhibs. are generally taking little 
part in the fight, except in this sec- 
tion, where Saratoga's play is aug- 
mented by neighborhood horse fans. 
However, the high admissions at 
Saratoga, where even pass holders 
must pay $1.25 to gain grandstand 
admission, which nominally goes for 
$2.75, keeps out the so-called army 
of dollar bettors. 

Other exhib. opposition is ex- 
pressed around Buffalo and Roches- 
ter, where plans for a track are ru- 
mored, New York is the only state 
having large meets where mechani- 
cal wagering is not permitted. 

Publicity fund against pari-mutu- 
els is assertedly being aided by 
bookies, it is said locally, but church 
groups are doing the heavy firing, 
the Protestant sects generally op- 
posing and many Catholics favoring, 
with the hierarchy of the latter 
Church non-committal thus far. 


West Coast Bureau gj THE FILM DAILY 
Hollywood — Evelyn Nadel, daugh- 
ter of Mr. and Mrs. Joe Nadel, is 
to be married Oct. 29 to Charles Metz- 
ger. Her uncle, Harry Nadel, pur- 
chasing agent for Paramount, is 
expected to fly here from New York 
to attend the ceremony. 

Baltimore — Walter Cohen, Leader 
manager, and Miss Marjorie Kraut, 
will be married Dec. 10. 

Joan Votsis, associate editor of 
Screen Book, will wed Peter Curtis 
on Sunday, Oct. 22. 

Louis Olshan, cashier at Colum- 
bia's Albany exchange, was married 
Oct. 15 to Helen Goldstein, of New 
York, at the 67th Street Synagogue. 

with PHIL M. OALYi 

T T T 


• • • COLUMBIA became something more than the gem 

oi the ocean here yesterday as some three thousand of Washing- 
ton's official life several hundred ace newspapermen and 

scores of leading exhibs from the country around are duly 

prepared to give witness this morning For with Columbia on his 

arm, so to speak "Mr. Smith" came to Washington last night 

under the guidance of Producer-Director Frank Capra to enthuse 

thrill and entertain at the world premiere of as fine a lesson 

in Americanism as this industry has yet contributed 

T T ▼ 

• • • SAY that a notable film was given a notable re- 
ception by a notable audience and you will have sum- 
marized what transpired in the D.A.R.'s own temple of 

Liberty Constitution Hall here last night There 

was much to make the premiere distinctive It was the 

first time that the famed National Press Club officially 

gave its blessing to such an occasion And if there ever 

before was such a turnout of officialdom for a pix debut 

then memory is playing tricks for it doesn't come to 


T T T 

• • • IN fact, you might have called the roll of the Gov- 
ernment and there would have been few absentees Mem- 
bers of the Cabinet headed by Secretary of State Cordell Hull and 

Attorney General Frank Murphy very much in the industry eye 

these days department heads high officers of the armed forces 

delegates and resident commissioners nearly 50 Senators 

and more than 250 members of the House rubbed elbows 

with Press Club members visiting newspaper men from New York 

and other Eastern cities a sizable contingent of Columbia execu- 
tives headed by Harry and Jack Cohn. A. Montague. A. Schneider, 

and Nate B. Spingold and leading exhibitors from this city 

Virginia and Maryland 

T T T 

• • • THERE could not have been a more appreciative 
"first night" audience for the adventures and misad- 
ventures which "Mr. Smith" encounters in the halls 

of the Congress And for that matter growing editorial 

momentarily there is no other audience which stands 

to benefit more specifically from what Capra has infused 

in the picture "Mr. Smith" coming in the midst of the 

so-called Neutrality debate serves to remind that there 

are domestic issues that must not be forgotten however 

pressing the foreign situation may be 

T T T 

• • • THERE were plenty of showmanly trimmings to the 

premiere which in itself stands as a brilliant achievement in show- 
manship There was the Press Club's luncheon for Capra 

attended by 450 guests at noon with Capra, W. G. Van 

Schmus of Radio City Music Hall, Harry Cohn and Club Prexy Arthur 
Hachten speakers Cohn hailed Capra as "The Brisbane of the mo- 
tion picture industry" Capra paid tribute to Jim Preston, former 

chief of the Senate press gallery, who was technical adviser for "Mr. 

Smith" Van Schmus called attention to the fact this was the first 

Capra pix to have a world premiere away from the Music Hall, where 

it opens tomorrow. There was the later dinner for visiting 

newspaper men, Columbia execs., and Capra And at the open- 
ing there were the gracious remarks of Hachten and the impressive 

first appearance of the Press Club's chorus 


(.Continued from Page 1) 

ters sent out by officers and direc- 

The legal election of Kelly as ex- 
ecutive secretary on Dec. 9, 7 Q 38, 
was upheld and ratified and i^i'o- 
tion was passed directing Kelly to 
request Cohen to deliver books and 
records to Kelly for the purpose of 
furnishing a statement of receipts 
and expenditures to all members. 

Col. Cole and Samuelson addressed 
the group regarding the status of 
the New York organization with na- 
tional Allied, but whether yester- 
day's gathering constituted a nucleus 
of an affiliate was not disclosed. 

Indications are that two New York 
independent exhibitor organizations 
will attempt to function in the 
state, inasmuch as a majority of the 
Allied members have signified their 
intentions of remaining with the 
Cohen group, following the split 
within the ranks several weeks ago. 

When reached by telephone last 
night, Max Cohen said that the 
Syracuse meeting appeared to be the 
"fourth fiasco on the part of na- 
tional Allied to form a New York 

"All this hokum about my deliv- 
ering the books tends to cloud the 
real issue," he said. 

Glazer, Gensler Talk Deal 
for 3 Productions in East 

(Continued from Page 1) 
ecutives, it was reported yesterday. 
It is expected that contracts will be 
closed sometime next month. 

Glazer and Gensler plan to make 
pictures of three stage plays which 
they have lined up for Broadway 
production this fall. First of the three 
shows they will present, "Summer 
Night," is in rehearsal now. It is 
understood that necessary financing 
arrangements for the pictures will 
be set by the time the deal is 

Award for Cartoon 

West Coast Bureau of THE FILM DAILY 
Hollywood— "Old Glory," a War- 
ner Bros.-Leon Schlesinger cartoon, 
was voted the outstanding one-reel 
cartoon of the year through an 
audience poll at the Hollywood Tele- 
View Newsreel Theater. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

Bob Custer Miriam Hopkins 

Cuy Wonders Lamar Trotti 

H. J. Yates, Jr. 





¥ - * « * 

, e cto 

fr* e 

Only three other pictures in the Beast seven years of the 
New York Rivoli Theatre have equalled the business 
of 'JAMAICA INN" the Pommer-Laughton May- 
flower Production, released by Paramount. " JAMAICA 
INN" even tops Laughton's sensational "Beachcomber" 
by 25%. At the Paramount Theatre, New Haven, 
44 JAMAICA INN" beat "Beau Geste" and "Honeymoon 
in Bali." At Allyn Theatre, Hartford, it beat "Honeymoon 
in Bali" and "If I Were King"! 




Wednesday, October 18, 1939 




{Continued from Page 1) 

might be clarified or solved. Whether 
the implication was intentional or 
not, the thought was considered by 
some in New York yesterday as 
having merit. The paragraph in 
question reads: 

"If the motion picture industry 
were not so completely monopolized, 
if the captains regarded the exhibi- 
tors as members of the crew rather 
than stowaways, so much of the 
existing suspicion could be elimi- 
nated. They could then co-operate 
in meeting a common disaster. In- 
dependent exhibitors, through their 
national organization, would be in- 
vited to name a commitee to work 
with a committee representing the 
producers to ascertain and report 
the facts in reference to current 
and prospective losses, to advise the 
exhibitors as to how production val- 
ues are being maintained, and to 
make recommendations for neces- 
sary curtailments of cost, extended 
playing time for pictures, need for 
additional film revenue (if any) and 
other matters of vital interest to all 

While advancing the opinion that 
this was "too much to expect," the 
bulletin adds that "national Allied 
will endeavor to report to its mem- 
bers any reliable and significant in- 
formation coming to its attention." 
In regard to the so-called "war 
losses," Myers points out that there 
are not enough facts available to 
determine what the total loss will 
be. He contends that if salaries 
in the industry were brought into 
line with those prevailing in other 
industries, the "losses would be 
largely offset and the industry would 
not be such a target for taxation." 
If the exhibitors are to be partners 
in shouldering the burden, Myers 
continues, (as suggested by Joseph 
M. Schenck) "no offer has been 
made to break down the figures so 
that the exhibitors may know that 
the burden is being fairly distrib- 

The bulletin warns against pay- 
ing higher film rentals in face of 
prospective prosperity as the re- 
sult of the war, pointing out that 
a war prosperity may be cut off at 
any time by the stroke of "a pen 
in Munich." 

Asserting that the picture busi- 
ness is no longer a baby, the bulle- 
tin summarizes the situation today 
as follows: 

1. Pictures are no longer a nov- 
elty. 2. Radio has been built into 
an able competitor due to stars on 
the air. 3. Admission prices are 
much higher than in the early days 
and unless overheads are cut down, 
the industry will "enter upon an era 
of self-strangulation." 

Moves by Warner Bros, and M-G- 
M in offering some of the conces- 
sions included in the proposed code 
receive some praise by Myers, who 
believes other companies will fall in 

Buffalo Variety Club Gives $2,852 

For Victims of Recent Polio Wave 

The Variety Club of Buffalo, associated with the Junior Chamber of Commerce, 
which provided speakers for 65 theaters, gathered a total of $2,852 in collections in 
Buffalo movie houses, all for rehabilitation work among victims of the recent poliomyelitis 
wave. It was turned over to the Erie County Chapter of the National Foundation for In- 
fantile Paralysis. Charles A. Broderick, trustee of the chapter, commended Variety and the 
theaters for their "generous contribution and co-operation," particularly in view of the 
"hard blow that theater business had suffered during the epidemic when patronage 
of children under 14 was banned." 

Wage Scale for Television 
To be Prepared by Gordon 

{Continued from Page 1) 
Gordon, stage producer and televis- 
ion executive for NBC in an advis- 
ory capacity, appeared before the 
Equity Council yesterday afternoon 
and asked for permission to draw 
up a tentative wage scale for tele- 
vision shows. 

Gordon's proposal was accepted 
by the Council, and he is expected 
to appear before the body next 
Tuesday with a complete wage scale 
for telecasts. NBC was set to start 
an ambitious presentation of stage 
plays on its television programs re- 
cently when an Equity ruling on sal- 
aries caused a cancellation of the 
plans. Tom Hutchinson, director of 
television programs for NBC, also 
appeared before the Council with 

Agreement between television 
broadcasting stations and the Screen 
Actors Guild is also expected to be 
worked out shortly, whereby any 
actor used in a picture for television 
purposes will have to belong to the 

Max Gordon Predicts a Big 
Future for Television Pix 

Expressing the opinion that Hol- 
lywood would eventually make pic- 
tures for television purposes, Max 
Gordon, stage and film producer, 
yesterday stated that he believed 
this new medium was only in the 
opening stages of a truly great fu- 
ture. Gordon also stated that: 

"The American Way" will defi- 
nitely be produced at the right time, 
"which might be tomorrow or with- 
in 60 days," nullifying reports that 
RKO planned to shelve the produc- 

Wilcox to Remain in U. S.; 
Plans to Produce "Irene" 

(Continued from Page 1) 
and, in the meantime, will produce 
another picture for RKO. Wilcox 
plans to put the famous stage mus- 
ical, "Irene," before the cameras in 
Hollywood on Nov. 13, with Anna 
Neagle starring. 

"Irene" will mark Miss Neagle's 
first modern picture in five years. 
New music and songs will be added 
to the picture version. 

Wilcox has been advised by Eng- 
land to remain here until further 


line, leaving matters "in a satisfac- 
tory condition for the time being." 

In regard to the Government suit, 
Myers writes: "Anyone who predicts 
the outcome of a lawsuit, particu- 
larly one that blazes a new trail, 
is courting disaster." 

Guests Arrive in Detroit 
For Premiere of "Passage" 

(Continued from Page 1) 

Passage" at the Michigan theater 
tomorrow night. 

John Howard and Robert Preston, 
heading the Hollywood contingent 
already here, will be joined by J. 
Carrol Naish, Susan Hay ward and 
Olympe Bradna arriving today. Dor- 
othy Lamour arrives tomorrow 

Among the theater executives and 
newspapermen arriving today are: 
Bill Hollander, B & K Theaters, Chi- 
cago; Harry Browing, M & P The- 
aters, Boston; Donald Douglas, Chi- 
cago Daily News; A. S. Kany, Day- 
ton Herald; Chuck Gay, Dayton 
News; Bill White, Pittsburgh Press; 
Herb Graffis, Chicago Times; Buck 
Herzog, Milwaukee Sentinel. 

Scheduled to arrive here tomor- 
row for the "Disputed Passage" 
premiere are: Mr. and Mrs. John 
Balaban and Walter Immerman, 
Chicago; Allen Usher, Paramount 
Chicago Division Manager; Charles 
Winchell, Minnesota Amusement Co., 
Minneapolis; Joe Feldman, of War- 
ners in Pittsburgh; Ralph Lawlor, 
Paramount Theater, Toledo; Charles 
Kurtzman, of Loew's in Pittsburgh; 
and John Herman, Paramount News- 
reel cameraman from Cleveland. The 
following newspapermen will be 
here tomorrow to cover gala civic 
premiere: Cedric Adams, Minneap- 
olis Star; J. E. Campbell, Argus 
Press, Owosso; Harold Cohen, Pitts- 
burgh Post Gazette; Harold Fitz- 
gerald, Pontiac Daily Press; Jack 
Warfel, Cleveland Press; Karl Krug, 
Pittsburgh Sun Telegraph; Kap 
Monohan, Pittsburgh Press; Merle 
Potter, Minneapolis Tribune; Arthur 
Stace, Ann Arbor Daily News; Dave 
Silverman, Minneapolis Star; Jules 
Steele, St. Paul Pioneer-Press; L. A. 
Weil, Port Huron Times-Herald; M. 
Woodbury, Toledo Blade; John Hea- 
ley, Battlecreek Enquirer-News; Bob 
Murphy, Minneapolis Star; Chester 
Morton, Toledo Times; R. R. Raf- 
ferty, Wheeling News Register; 
Marajen Stevick, Champaign News- 
Gazette and Wilson Keith, Omaha 

Representatives from the follow- 
ing radio stations have arrived here 
to cover the World premiere: G. F. 
Ashbacker, Station WKBZ, Muske- 
gon; John E. Fetzer, Station WKZO, 
Kalamazoo, and Sandy Meek of Sta- 
tions WOOD and WASH in Grand 

Harvey Pergament III 

Harvey Pergament, general man- 
ager of National Pictures Corp., has 
been confined to his bed after the 
extraction of an impacted molar. 

(Continued from Page 1) 

it was learned that Western Electric 
or its subsidiary Erpi would form- 
ally announce on or about the first 
of the coming year that the unrt al 
device, developed by Bell TelepALie 
Laboratories, would be definitely em- 
ployed in the motion picture and ra- 
dio fields as a sound effects machine. 

Operation of the device and prin- 
ciples underlying its development 
were explained by Dudley at a joint 
meeting of the SMPE delegates with 
members of the New York Electri- 
cal Society last night in the audi- 
torium of the Engineering Societies 
Building, 29 West 39th St. 

Showing of the "Vocoder," which 
is an unusual scientific advance, 
hitherto without known practical ap- 
plication, is only the second 
such demonstration on record to 
have been held outside the Bell Tele- 
phone Laboratories. It is termed by 
Dudley and his associates "the big 
daddy" of the "Voder," artificial 
voice-reproducer being currently fea- 
tured at the New York World's Fair. 

At the morning business session 
in the Hotel Pennsylvania, D. E. 
Hyndman, chairman of the SMPE 
laboratory Practice Committee, pre- 
sided and rendered a report. Loren 
L. Ryder, of Paramount's studios in 
Hollywood, read a paper, "The Im- 
portance of Co-operation Between 
Story Construction and Sound to 
Achieve a New Personality in Mo- 
tion Pictures," and R. Kingslake, 
Eastman Kodak Co. of Rochester, 
presented the subject, "Lenses for 
Amateur Motion Picture Equipment 
(16 mm. and 8 mm.)." 

L. A. Jones, also of Eastman Ko- 
dak, was scheduled to deliver a 
paper on "Photographic Tone Repro- 
duction," but was prevented from 
doing so because of illness. 

In the afternoon, delegates head- 
ed for the New York World's Fair. 

This morning, in the Hotel Penn- 
sylvania, the Projection Session will 
be presided over by Dr. A. N. Gold- 
smith, consultant motion picture 
and radio engineer, and one of 
SMPE's past presidents, and a gen- 
eral session will be held in the after- 
noon under chairmanship of Herb 

At 8:30 o'clock tonight the Semi- 
Annual Banquet and Dance will be 
held in the hotel's Grand Ballroom, 
a highlight of which will be presen- 
tation of the SMPE Progress Medal 
by Dr. Goldsmith and Journal Award 
by Edward P. "Ted" Curtis, East- 
man Kodak official. 

Telecast Received by Plane 
Over Distance of 225 Miles 

An airplane circling over Wash- 
ington, 225 miles away, yesterday 
received a special telecast from RCA 
which was celebrating in New York 
its 20th anniversary. This is one 
of the longest successful telecasts 
on record. The plane was equipped 
in New York with an RCA set and 
then flew to Washington. 

Wednesday, October 18, 1939 




{Continued from Page 1) 

tures despite the curtailment of the 
foreign market and the general 
product outlook for the season. If 
Brandt finds time, he may address 
se^ \\ exhibitors groups on the 
cros^-country trip. 

Brandt, who launched the "box of- 
fice poison" blast a year ago, is mak- 
ing his first trip to Hollywood and 
will report his findings to the ITOA 
membership on his return. He will 
be gone about three weeks. 

Warners, Universal Dropped 
from Quemos Anti-Trust Suit 

{Continued from Page 1) 

the two concerns, named as defen- 
dants, had not transacted business 
here within meaning of Sherman 
and Clayton Acts. 

A group of other large motion 
picture distributing companies con- 
tinue as defendants and have been 
directed by Judge Fake to answer 
the proceedings within 20 days. Que- 
mos, which seeks $3,525,000, plus 
costs and counsel fees, alleges de- 
fendants refused to furnish it with 
first and second-run pictures in 1936 
and 1937, thus creating a monopoly 
for certain theaters in Newark and 

Western Oscar? 

West Coast Bur., THE FILM DAILY 
Hollywood — Harry Sherman, producer 
of Hopalong Cassidy and Zane Grey 
Features, has written to the Academy 
of Motion Picture Arts and Sciences sug- 
gesting that it should make a special 
award for best western of the year. 

Whitehead Sues for $100,000 
from Actor Unions' Execs. 

{Continued from Page 1) 

more, Kenneth Thomson, Paul Dull- 
zell, Emily Holt, Florence Marston, 
Paul Turner, Henry Jaffee, and Ed- 
ward Harrison. The complaint states 
that on Aug. 18 Harrison was au- 
thorized by the defendants to pub- 
lish a statement made by them as 
a committee for the AAAA in 
United States newspapers and that 
he did so. 

The statement, according to the 
complaint, allegedly depicted White- 
head as being dishonest, stating that 
he, among other things, had mis- 
applied AFA funds and denied re- 
lief to needy actors. The Supreme 
Court today will hear an application 
of the defendants to vacate a notice 
of examination before trial of Dull- 
zell, Holt, Mrs. Marston, Turner, 
Jaffee and Gillmore. 

2,177 Theaters Reported 
$472,536,000 Gross in 37 

{Continued from Page 1) 
sioner of internal revenue Guy T. 
Helvering. The net income was 
$53,120,000. These theaters paid a 
normal tax of $6,188,000, a surtax 
of $1,057,000 and an excess profits 
tax of $289,000. In the returns with 
no net income 1,707 theaters re- 
ported gross income of $106,335,000 
and a deficit of $6,386,000. Inac- 
tive theaters were reported at 213. 
Under motion picture producers, 
61 listed a gross income of $123,- 
603,000 and net income of $13,864,- 
000. Normal tax amounted to $1,- 
325,000, surtax on undistributed 
profits, $207,000 and excess profits 
tax, $7,000. One hundred and thirty- 
three producers reported no net in- 
come and a gross income of $115,- 
844,000 with a deficit of $10,727,000. 
Fifty-two were reported as inactive. 
Eighty-five theaters, legitimate and 
vaudeville, reported gross income, 
$13,690,000; net income $1,700,000; 
normal tax, $186,000; surtax, $31,000 
and excess profits tax, $11,000. Gross 
income of $5,153,000 was reported 
by 140 theaters with deficit of $1,- 
331.000. Sixty were reported in- 

Mrs. Widlund in Hospital 

Mrs. Don Widlund, wife of Don 
Widlund of Jam Handy Pictures, 
went to Medical Arts Hospital yes- 
terday for an operation. 


{Continued from Page 1) 

Gould, UA supervisor for Latin- 
America. Gould returned early this 
week to the home office following a 
ten-week visit to Brazil and Argen- 

Two of the theaters are now in 
the process of construction, namely 
the Opera-UA in downtown Sao 
Paulo and the Roxy-UA, located in 
Braz, a suburb of the city. 

The Opera-UA, a 2,200-seater is 
costing approximately $120,000 to 
build, while the Roxy-UA, a 3,500- 
seater, is costing about $100,000 to 
construct. The former is expected 
to open in mid-November, and the 
latter before the year's end. 

Also in downtown Sao Paulo, is 
now operating the Astoria-UA, 
which is a subsequent-run house. 
The Opera-UA is a first-run stand, 
and the Roxy-UA occupies the 
status of a suburban first-run house. 

Gould characterized the UA iden- 
tity with the trio of theaters as a 
normal way of expanding, and in- 
timated that similar deals will be 
initiated in the future where im- 
provement of UA's position is re- 
garded as essential and feasible. 

Several other houses in the Sao 
Paulo territory are becoming iden- 
tified with UA, it was said. 

tjA*'* LOEWS CENTURY reports one 

of the "biggest openings 
of the current season! 





(P. S. And did you read al 
York, Atlanta and I 






m fpi 

_ i HEAD- 
lines take the 


I 7 il/« 




When Exhibitors 

Yes, For That Time 

d Film Execs 

h and Tails an 

Toothbrus 1 

Head tor a Happy 

End in Pittsburgh! 



*B BAMWff 




TENT No. I wants to 
make it your greatest 
week-end of pleasure. 
If you desire reserva- 
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SAME . . • 

TECH vs. 

Write or Wire 


Banquet Chairman 

1st Office Floor 

Wm. Penn Hotel 

S3.30 and $3.85 
^ BANQUET $t 0.00 

Presented in honor of 

Retiring Chief Barker 


And His Associate Officers 
Harry Seed C. C. Kellenberg 

Jules Lapidus 
Al Weiblinger 
M. Shapiro 
H. Feinstein 

Jake Soltz 
C. J. Latta 
Joseph Misrach 
Al Weiss 


1 1 th YEAR 

And Still the Most Distinctive 
d Original Banquet in America! 

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Intimate in Character 
International in Scope 
Independent in Thought 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

V^ ' 76, NO. 77 



Business Optimism Building Rapidly, Says H. A. Ross 


Technicolor by Standard Camera in aYear—Kalmus 

Dr. Kalmus Sticks to Predic- 
tion of Year Ago; Faster 
Film Already in Use 

In accepting the annual Journal 
Award of the SMPE last night at 
the organization's hanquet, Dr. 
T. Kalmus, 
color presi- 
dent, predict- 
ed that in a 
year Techni- 
color pictures 
could be 
filmed by the 
use of the 
standard mo- 
tion picture 
camera. A 
year ago he 
made the 
same predic- 
tion for two years in the future; 
{Continued on Page 8) 



That a three-way split-up of juris- 
diction in the television field between 
Actors Equity, Screen Actors Guild 

(Continued on Page 3) 

Poore Named Exec. Secretary 
of PCC of ITO; Bruen Treas. 

West Coast Bureau of THE FILM DAILY 

Hollywood — Robert H. Poore was 
elected executive secretary, and 

(Continued on Page 7) 


All is Forgiven" 

Mayor La Guardia's plug for large- 
scale resumption of Eastern production 
before the SMPE convention this week 
had editorial repercussions yesterday 
when the New York Times echoed "an 
appealing message: Come home — all is 
forgiven," adding, "If the coming de- 
mand is to be for sophisticated indoor 
dramas, we have the makings. We go 
in for indoors in a big way and as for 
our sophistication — it almost frightens 

Hear British Gov't Would Couple Slash 

of V. S. Imports With Quota Suspension 

New and startling slant on the behind-the-scenes moves attending the determined 
fight by British film interests to save the Films Act is provided by London trade papers 
reaching New York yesterday. 

According to the Daily Film Renter, which discloses the secret history of trade 
negotiations with Oliver Stanley, the Board of Trade president has proposed to defer 
not only the quota but anti-blind-booking provisions in the Act. As an inducement 
for trade acceptance, he proposes drastic restriction of American imports. Latter, 
according to the Daily Film Renter, would be slashed fom 500 to 125 a year. Such 
action would fatally hit American distribution and British exhibition. 

No Outside Help to Try N.Y. Equity 
Suit Needed, View of Justice Dept. 

Washington Bureau of THE FILM DAILY 
Washington — The Department of 
Justice will carry the ball without 
resort to oustide legal help in prose- 
cuting the New York equity suit 
against the majors. 

Aroused by persistent reports that 
the Department contemplated engag- 
ing counsel to try the case — the 

names of such eminent attorneys 
as Max Steuer, now representing 
Samuel Goldwyn in his action 
against United Artists, and David 
L. Podell have been mentioned — a 
spokesman for the anti-trust divis- 
ion, headed by Thurman Arnold, As- 
sistant Attorney General, yesterday 

{Continued on Page 7) 

Allied Prexy Says Code's Plan 

Closest to Being 


Col. H. A. Cole, Allied president, 
sees little hope for a uniform sys- 
tem of arbitration for the settlement 
of clearance problems — at least, not 
in the immediate future. The na- 
tional leader said yesterday in New 
York that the arbitration plan as 
set forth in the distributors' pro- 
posed code came closer to being 
practical, insofar as Allied was con- 

( Continued on Page 3) 


Allied of Texas Bids Distrib. Chiefs to Conclave 

Distribution executives have been 
invited to attend the annual Allied 
of Texas convention in Dallas on 
Nov. 6-7; Col. H. A. Cole, president, 
said yesterday in New York. 

So far acceptances have been re- 
ceived from William A. Scully, Uni- 
versal general sales manager; James 

R. Grainger, president of Republic, 
and H. M. Richey, director of ex- 
hibitor relations for RKO. 

Col. Cole said that Abe Montague, 
Columbia sales manager, may at- 
tend, although he will be conducting 
a sales meeting in San Francisco at 
about that time. 

Ross Survey Finds Business Leaders 
Optimistic/ Exhibs. Sees Grosses Rise 

Canadian Newsreels Won't 
Carry U. S. Peace Footage 

Following unofficial representa- 
tions by the Canadian government 
that any peace or neutrality "propa- 
ganda" in newsreels would be un- 
welcome on the Dominion's screens, 
a survey yesterday of reels that dis- 
tribute in Canada disclosed that all 

{Continued on Page 7) 

Business optimism, based on the 
solid ground of clear thinking, is 
building rapidly, according to Harry 
A. Ross, president of Ross Federal 
Service and Ross Federal Research 
Corp., who has just returned from 
a personal survey trip of business 
conditions through the mid-west, 
south central and middle Atlantic 

Industry execs, contacted by Ross 

{Continued on Page 7) 

Paramount's business in England 
during the last week in September 
and the first week in October was 
normal, despite the war and air raid 
dangers, according to cables re- 
ceived at the home office. This 
means that sales, bookings and cash 
collections were being carried on as 
in pre-war days. 

MPPDA Board to Continue 
Adjourned Meeting Series 

MPPDA's board of directors will 
continue its present series of ad- 
journed meetings, it was disclosed 
following yesterday's huddle at the 
Hays Office. 

Session was devoted to a discus- 

(Continued on Page 7) 

Round Rohin 

What the Governor of North Carolina 
said to the Governor of South Carolina 
was open to paraphrase last night at 
SMPE's Fall Convention Banquet in the 
Hotel Pennsylvania, for Dr. Herbert T. 
Kalmus, of Technicolor, and Dr. Lloyd 
A. Jones, of Eastman Kodak Labs., might 
well have said to one another: "It's a 
short time between medals!" In 1935, 
Dr. Jones won SMPE's Journal Award, 
while last year Dr. Kalmus was given 
the SMPE Progress Medal. Last night, 
the tables were reversed, with Dr. Kal- 
mus getting the Journal Award and Dr. 
Jones the Progress Medal. 



Thursday, October 19, 1939 

Vol. 76, No. 77 Thurs.,Oct. 19, 1939 10 Cents 



DONALD M. MERSEREAU : General Manager 
CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. V., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118. 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St., 
W. I. PARIS— P. A. Harle, La Cinematog- 
raphic Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo, 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico, 
D F. BUENOS AIRES— Chas de Cruz, 
Heraldo Del Cinematografista, Corrientes 1309. 

H B 

f in Aim a l 


Low Close Chg. 

ioy 2 ioy 2 — y 2 

7% 73/ 8 + '/a 
185/s 18% + % 

9V 8 93/ 8 + 3/ 8 

60 160'/ 8 + Vs 

60 160 

12 121/4 + V4 

331/4 331/4 — l/ 2 

71/2 75/ 8 — l/ 8 






83/ 4 83/ 4 _ l/ 8 

Id/2 IO1/2 + Va 

1% 1% 

1334 133/4 _ 1/4 

23% 233/ 8 — 5/ 8 

67 671/4 + l/ 4 

4 4% + % 


Am. Seat 11 

Col. Picts. vtc. (2l/ 2 %) 73/ 8 
Columbia Picts. pfd.. 18% 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. 93/ 8 

East. Kodak 161 1 

do pfd 160 1 

Cen. Th. Eq 12V 4 

Loew's, Inc 33% 

do pfd 

Paramount 7% 

Paramount 1st pfd 

Paramount 2nd pfd.. 9 

Pathe Film 


20th Century-Fox . 
20th Century-Fox pfd 

Univ. Pict. pfd 

Warner Bros 

do pfd 

Keith B. F. ref. 6s46.100i/ 2 1 
Loew's deb. 3i/ 2 s46.. 99% 

Para. B'way 3s55 

Para. Picts. 6s55 

Para. Picts. cv. 3i/ 4 s47 803,4 

RKO 6s4.1 54% 

Warner Bros.' cv. 6s39 .... 

Warner Bros.' dbs. 6s48 


Monogram Picts 1% 114 iy 8 

Sonof one Corp 1 % 1 % 1 3/ 8 

Technicolor 1 1 % 1 1 5/ 8 1 1 3/ 4 + i/ 4 


Universal Corp. vtc. 234 234 2% + i/ 8 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd 100y 2 

Fox Thea. Office Bldg. 1st '46... . 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45. . 
Roxy Thea. Bldg. 4s 1st '57 


00% 100% 

991/4 99% + % 

80% 803/ 4 + l/ 4 
54% 54% — 1 



Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


Films Definitely Included 
In Argentine Trade Parley 

Buenos Aires (By Cable) — Films 
form one of the commodity classifi- 
cations which will be considered dur- 
ing the current discussions leading 
up to the scheduled effectuation of 
the mutual trade pact between the 
U. S. and Argentina. 

Lists published here, comprising 
the items to be furnished to this 
country by the U. S., include films. 

Some confusion on the part of the 
public both here and in the U. S. 
with respect to what commercial 
items are included on schedules of 
the respective nations has arisen 
from the fact that Argentina pub- 
lishes the list of proposed imports 
from the U. S., while the U. S. pub- 
lishes the commodities which it in 
turn will consider for importation. 

Washington Bureau of THE FILM DAILY 

Washington — Representatives of 
the American film industry will ap- 
pear shortly before the Committee 
for Reciprocity Information. Com- 
mittee embraces six members, rep- 
resenting the State, Treasury, 
Agriculture, and Commerce Depart- 
ments and the Tariff Commission. 
It will report to the latter after 
hearing testimony in connection 
with the proposed U. S. -Argentina 
trade pact. 

Drunk Driving" Short 

Wins Award for Metro 

Trophy was awarded Metro last 
night at the annual convention of 
the National Safety Congress in At- 
lantic City for its short, "Drunk 
Driving," latest release in Metro's 
"Crime Does Not Pay" series. Award 
was made by the Motion Picture 
Traffic Safety Committee, and it 
marked the first time that such an 
award has been given for a short. 
Art Schmidt, of the Loew theater 
department, represented the com- 
pany, and discussed ways and means 
for exhibitors to exploit the picture 
to get the widest possible attendance. 

Serve on Conn. Allied Board 

New Haven — At a special lunch- 
eon meeting of the Allied Theaters 
of Connecticut yesterday, the fol- 
lowing members of the Board of Di- 
rectors for the year 1939-40 were 
announced by Dr. J. B. Fishman, 
new chairman of the Board, and 
Maurice Shulman, vice-chairman: 
Maurice Bailey, of the Whalley, 
New Haven; Harry Lavietes, Pequet, 
New Haven; Samuel Hadelman, Cap- 
itol, Bridgeport; Morris Jacobson, 
Strand Amusement Co., Bridgeport; 
Charles Repass, Crown, Hartford; 
Jack Schwartz, West End, Bridge- 
port; George Comden, Fine Arts, 
Westport, Leo Schapiro, Guilford 

Loew's to Pay on Pfd. 

The regular quarterly dividend of 
Rl.62% on the preferred stock was 
declared by Loew's, Inc., at a meet- 
ing of the board yesterday. Divi- 
dend will be paid Nov. 15 to stock- 
holders of record on Oct. 25. 

"The Woman Brown" to be 
Warner Legit. Offering 

Warners will return to Broadway 
production this season with "The 
Woman Brown," it was learned yes- 
terday. Jack Warner's present ex- 
tended stay in the East is reported 
linked to the company's legit, plans, 
among other things. 

If it can be arranged, Warners 
will star Jean Arthur in the Doro- 
thy Cummings McNabb play, and 
later in the picturization. Actress 
may come East shortly to discuss 
the matter with Warner. 

Robert Foulk will stage the piece 
and, according to present plans, will 
subsequently go to the Coast to 
work on the film. 

American Films Gaining 

in Peru; Mex. Pix Slump 

Lima (By Cable)— U. S. films are 
meeting with considerably less com- 
petition in Peru than in 1938. Sur- 
vey of pix exhibited in the Lima 
district during the last two months 
showed that 67 per cent were Eng- 
lish dialogue films and 27 per cent 
Spanish which compares with 50 
per cent and 42 per cent, respective- 
ly, in 1938. Mexican-made pictures 
met with little success in Peru this 

American pix are expected to ab- 
sorb playing time lost to French 
films as a result of the war. 

comitiG mid come 

COL. H. A. COLE, Allied prexy, leaves tonight 
for Washington. 

P. J. WOLFSON, RKO producer, is in town. 

F. J. A. MCCARTHY, Eastern sales man- 
ager for Universal, leaves for Charlotte, N. C, 
tcday to conduct a sales meeting. Fro, l"-ere 
he will go to a number of other Southed, Jies 
before he returns to the home offce. 

WILLIAM J. HEINEMAN, Westen sales man- 
ager for Universal, leaves today to visit a num- 
ber of Western cities on business. 

DICK POWELL arrives here tomorrow morn- 
ing from the Coast. 

PAUL BIESMAN, manager of the American 
Theater, St. Louis, flew here this week on busi- 

RUSSELL MARKERT is in St. Louis on a talent 
hunt for new recruits for the Music Hall chorus. 

DEL COODMAN, Far Eastern manager for 
20th-Fox, sails from California tomorrow for 
Japan after a vacation in this country. 

C. C. PETTIJOHN, MPPDA counsel, is in 
Lincoln, Neb., to address the annual convention 
of Nebraska Women's Clubs today. 

IRVING ASHER has arrived on the Coast 
after a short stay in New York. 

McCarthy, Heineman Leave 
For Univ. Sales Parleys 

F. J. A. McCarthy and William 
J. Heineman, Universal's Eastern 
and Western sales managers, respec- 
tively, leave today for sales con- 
ferences in their respective terri- 

McCarthy will hold sales huddles 
in Charlotte, N. C, Atlanta, Mem- 
phis and Nashville, a large circuit 
deal pending in the latter city. 
Heineman will hold meetings in 
Minneapolis, Omaha, Kansas City 
and St. Louis. 

Both executives are due back in 
New York on Tuesday. 

Three UA Pix Playing 

in B & K Loop Houses 

Chicago — B & K is featuring UA 
pix in Loop houses this week, fur- 
ther indicating that the circuit and 
distrib. will get together. State 
Lake has "Winter Carnival," the 
Roosevelt, "Four Feathers" and the 
Apollo, "They Shall Have Music." 
"The Real Glory" starts at the 
United Artists Theater shortly. 

702 to Re-elect Rugge 

Election of officers of Local 702, 
lab. workers union, will be held Sat- 
urday, with John H. Rugge, presi- 
dent, and William Vermont, secre- 
tary-treasurer, unopposed for re- 
election. Only contest is for the post 
of first vice-president, with the in- 
cumbent, Lloyd Frank, being opposed 
by John J. Francavilla. 

IA Ushers Union Growing; 
CIO Election Request Off 

Indicating that the IATSE or- 
ganization of ushers and doormen in 
New York theaters is rapidly gain- 
ing momentum, an application of 
Local 258, CIO, before the SLRB 
for an election in the Metropolitan 
RKO houses was withdrawn this 

IA execs, state that when they re- 
cently chartered two new locals in 
this area that membership under the 
IA banner had already come close 
to the 100 per cent mark. It is ex- 
pected that the new Locals will 
shortly start seeking contracts with 
the theater chains. 

Sues Republic for $200,000 
Claiming Pix Defamed Her 

Damage suit asking $200,000 has 
been filed against Republic Pictures 
in St. Louis by Miss Frankie Baker, 
who claims that the film "Frankie 
and Johnny" defamed her character 
and invaded her privacy. It is de- 
posed in the suit that Miss Baker 
is the original belle of Targee St., 
famed in the well known song 
"Fz*ankie and Johnny." 

"Submarine D 1" Available 
But Not as Warner Re-issue 

Warners is making "Submarine 
D 1", a 1937 release, available to 
exhibs. who want to re-play the pix, 
but is not placing the melodrama 
on its current schedule as a re- 
issue. Home office reports a lively 
demand; Chicago branch had 47 
orders for the film in two days. 


"AN HILARIOUS SCUFFLE" — Atkinson, Times 
George Abbott presents 



By Richard Maibaum and Harry Clork 
Biltmore, W. 47 St. Evgs. 8:45. Mats. Wed. & Sat. 

f Thursday, October 19, 1939 




I Continued from Page 1) 

cerned, than any which had been ad- 

However, Col. Cole pointed out 
tha + \t was unlikely that the affil- 
iai. houses would whole-heartedly 
co-operate inasmuch as in the ma- 
jority of cases the circuit theaters 
would be the ones against which 
the complaints would be made. 

While admitting that the sugges- 
tion of Ray Branch, president of 
Michigan Allied, for an immediate 
move to set up arbitration within 
the industry had merit, Col. Cole 
foresaw no immediate success. 

If the Government wins its equity 
suit against the industry (and the 
Colonel is optimistic), an entire new 
pattern on which the industry must 
operate will have to be devised, the 
Allied president asserted. This will 
call for many conferences between 
l distributors and exhibitors, especial- 
ly in regard to clearance. 

"It can be seen what a tremendous 
task it will be," Col. Cole said, "if 
the Government declares all clear- 
ance is illegal. This would mean 
jthe setting up of an entire new sys- 
tem of operation." 

Col. Cole plans to leave tonight 
'for Washington to confer with the 
general counsel, Abram F. Myers. 

Mistrial Ends Nick Case; 
Witness and Juror Talked 

I St. Louis — Judge Aronson yester- 
day, acting on his own motion, de- 
clared a mistrial in the John Nick 
extortion case because one of the 
jurors, Robert W. Cox, talked Tues- 
day night to Clarence Groeteke, 
State witness. Judge Aronson said 
there apparently had been no mali- 
cious intent on the part of Cox. Case 
is reset for Nov. 6. 

Louis K. Ansell, local exhib. 
leader, before mistrial ended the 
case, testified he was never pres- 
ent when Nick threatened to call 
a strike. His cross examination 
developed that at the time of wage 
negotiations in 1936, there were 
several small theaters using non- 
union operators. Defense counsel 
regards this point important as 
tending to show the threat of strike 
was not sufficient to enforce alleged 
payment of $10,000 to State Rep. 
E. M. Brady for Nick. Brady was 
jointly indicted with Nick. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

Roy Del Ruth Eddie Forman 

Helen Turner Marie Carolan 


with PHIL M. DALYi 

• • • LOCAL legions of filmland were back at their bases 

yesterday in the wake of Tuesday night's "blitzkrieg" in the New 

Rochelle sector which was invaded by the UAEF (United Artists 

Expeditionary Force) numerically supported by solons representing 

major distribs. and circuits and a phalanx of press personalities 

Purpose of the invasion was to test the strength of the new UA- 

Hal Roach comedy, "The Housekeeper's Daughter," before as finicky 
a flock of film fans as can be found hereabouts 

T T T 

• • e ACCORDINGLY, the screen of Loew's New Rochelle 

was commandeered and it must be reported that when the 

show was over there were "casualties" of a very happy kind 

consisting of sore sides occasioned by as heavy a barrage 

of belly-laughs as has been laid down by any of the big 

bertha comedies of this or any other season Further, the New 

Rochelle-ites at the finale's close spoke their opinion 

of the fast and furious footage via a salvo of applause 

T T T 

• • • PARTICIPATING in the buoyant "blitzkrieg" were, 'mongst 

others Grad Sears, Harry Goldberg, Eugene Picker, Oscar Doob. 

Ernie Emerling, George Skouras, Eddie Grainger, Dick Kearney, Johnny 
O'Connor, Harry Mandel, Fred Myers, Leon Netter, Frederick James 

(Liberty) Smith Morris Kinzler, Pete Harrison, Arthur Silverstone, 

Lynn FarnoL Monroe Greenthal, Moe Streimer, Tom Walker, A. Mike 

Vogel Al Margolies, Tom (News Week) Wenning, Whittaker (Time) 

Chambers, Art Schmidt, Peter (Life) Piening, Grace RosenSeld and, 

of course, Jim Grady, manager of Loew's New Rochelle In parting 

from the subject a daisy to Hal Roach for a daisy which is 

fair enough 

T T ▼ 

9 » • TWO cinematic Lochinvars are soon to come out of 

the West namely Harry Sherman's latest Hopalong Cassidy 

opus, "Law of the Pampas" with the estimable Bill Boyd in the 

limelight role and "Llano Kid," with Tito Guizar Unique 

in our pix biz is what can be best described as The Sherman Touch 

that very definite something which makes for pre-eminence 

in a particular type of film entertainment It's an historical 

fact that once upon a time General Sherman marched to the Sea 

Equally true is it today that devotees of the western dramas 

march to see Sherman for the guy sure has what it takes 

to turn out box office beauts 

T T T 

• • • IT makes sense that audition idea of Chamberlain 

Brown which enables players to appear before producers 

seeking talent in parts which they deem suitable As Cham- 
berlain says "Who in the world can sit in an office and take 

an unknown script and start to read it with any intelligence 

not knowing what the play is all about?" The next audition in 

the Brown series will be held 2:30 Monday afternoon at 227 

West 46th St 

T T T 

• • • THIS is Brooklyn's day for at 9: 30 this morn 

Eddie Cantor takes off for our palsy-walsy neighboring borough 
in unusual "style" in fact via subway from the Man- 
hattan side (Bowling Green Station) where appropriate 

ceremonies (deftly arranged by Oscar Doob & Co.) will be held 

Then a luncheon will be tendered Eddie at the Hotel Bossert 

by the Downtown Brooklyn Assn It's just a coincidence 

that Eddie begins a p.a. engagement at Loew's Met. today 

but that's the Loew-down 


(Continued from Page 1) 

and the American Federation of 
Radio Artists, may be effectuated in 
the near future, was reported yes- 
terday as a strong probability by re- 
liable sources. 

It was stated that Equity and 
AFRA would control the stage and 
radio end of the field, with Equity 
to have a controlling membership on 
a board that the two unions would 
create to administer the field, and 
SAG would have jurisdiction over all 
players filmed for television's broad- 

Strengthening these reports, was 
the fact that Equity was said to be 
working now on a draft of working 
conditions and wage scales for the 
television field, with the draft ex- 
pected to be ready for presentation 
to television broadcasting stations 
and stage producers within the next 
few weeks. 

It is known that NBC and New 
York stage producers are anxious 
to present plays in different forms 
via the television waves, but are 
holding back until they are certain 
of what conditions and wages will 
be for such presentations; and 
Equity and other unions are known 
to be equally as interested in put- 
ting the field on an even keel as soon 
as possible in order to increase the 
employment of their members, all 
of which would indicate that a 
speedy settlement of the whole ques- 
tion can be expected. 


ITPA to Convene 
In Milwaukee Oct. 31 

Milwaukee, Wis. — The Independent 
Theaters Protective Association of 
Wisconsin and Upper Michigan, Inc. 
has named Oct. 31 and Nov. 1 as 
the dates for its annual meeting here 
at the Schroeder hotel, according to 
Harry Perlewitz, acting manager of 
the organization. 

Wants Best "Western" Award 

West Coast Bureau of THE FILM DAILY 
Hollywood — Harry Sherman, pro- 
ducer of the Hopalong Cassidy and 
Zane Grey features, has written the 
M. P. Academy suggesting that it 
should make a special award for the 
best western picture of the year. 

Blue Law Board to Meet 

Wilmington, Del. — The nine-mem- 
ber commission set up by the Dela- 
ware Legislature to study the need 
of revising the existing Sunday blue 
laws, will meet tonight in the State 
House in Dover. 

Bike Parking Lot 

Detroit — Swarms of bicycles packed 
on the sidewalk in front of Flint, Mich., 
theaters, drove local police to despera- 
tion. So Police Chief Neil Anderson 
finally established a special parking lot 
exclusively for bicycles, to solve the 



e nnY 

** Y °Ws 







p- f& 



Convulsing the nation in hold- over engagements! 



(MICKEY ROONEY, JUDY GARLAND and Cast of Hundreds) 

Unique in show business, Dallas, Philadelphia, Los Angeles, Cincinnati, Houston, Chicago 
start the record-breaking career of M-G-M's musical comedy smash! 


(GROUCHO, CHiCO, HARPO and Big Laughing Cast) 

Not since "Night at tHe Opera" such a riot of fun and music! 




Trade Previews are the Talk of Every Film Row! Garbo gets the Lubitsch touch and 
you get a new laughing star in the seasons happiest hit! 

■=■ IP, 



Popular Bill Powell, merry Myrna Loy, reunited! Tkey have a B-A-B-Y in the newest 
and funniest of a great box-office series! 




Thursday, October 19, 1935 lb 

:< :< RCVKUJS Of TH€ R€UI f I LAIS :< :< 

"Drunk Driving" 

(Crime Does Not Pay Series) 

M-G-M 21 mins. 

Unusually Impressive 

It's not surprising that this excel- 
lent short should have been awarded 
the David S. Beyer Memorial Plaque 
as the film which most effectively 
encourages safety on the streets and 
highways. The footage is a power- 
ful, impressive lesson which teaches 
that if you drink, don't drive, and if 
you drive, don't drink. Automobilists 
everywhere and without exception 
should see this production, a public 
blessing which should be made pos- 
sible via every film theater in the 
nation booking the two-reeler. It 
recounts the circumstances which 
lead to a tragic accident, involving 
the death of several persons through 
the imbibing by a young salesman 
prior to taking his pretty wife and 
his mother-in-law to a dinner at a 
roadhouse. His careless consump- 
tion of cocktails before setting out 
in the automobile is responsible for 
the death of his mother-in-law, the 
frightful maiming of his wife, in- 
juries to himself and death to those 
in the colliding car. The short pulls 
no punches in recounting the acci- 
dent, and the episodes which con- 
tribute to it. Rarely has a more 
vivid short been produced. 

"Unusual Occupations" 

Paramount 11 mins. 

Good Audience Interest 

With attractive girls, unusual art 
and a collection of World War relics 
reputed to be the finest in the world 
all shown in this short, it should 
prove interesting to audiences. Syd- 
na Yokley, attractive young Texan, 
is shown on her ranch performing 
all the feats usually expected of 
more durable cowhands. In Ohio 
we see a dentist who makes steel 
sharp enough to cut through iron. 
A Chicago woman makes artistic 
paintings and tapestries from junk. 
A Javanese railroad watchman still 
whips the crowds away from the 
tracks and Olympe Bradna, Para- 
mount player, is shown making in- 
tricate miniature furniture. Reel 
closes with a view of the World War 
relics on a Jersey man's farm, which 
he keeps in good running order and 
fights mimic battles with after his 
neighbors mobilize for the occasion. 

"Stranger Than Fiction" 

Universal 9 Vz mins. 

Unusual Hobbies 

A diversified collection of unusual 
hobbies makes this short interesting 
screenfare. A Louisianan has a col- 
lection of arms at the Cabildo in 
New Orleans, with a history con- 
nected with each piece. Dueling pis- 
tols, pistols used in the Battle of 
New Orleans and other unusual 
weapons are shown. A Bridgeport 
man is constructing a miniature 
White House out of mother-of-pearl 
knife handles. Ralph Veady, leg- 
less college student, skates on stilts 
like runners. Fletcher Pratt de- 
signs miniature navy vessels for 

amateur strategists to play with. 
An Oklahoman uses a hearse as the 
family car and there is a fish story 
to end all fish stories. Taken on 
Jackson Lake, Ga., it shows fish 
actually jumping into a boat when 
chased near the shoreline. 

"Static in the Attic" 

with Walter Catlett 

Columbia 19 mins. 

Fair Comedy 

Walter Catlett does his best to 
make this comedy funny, but lack of 
material causes it to miss. Charley 
Chase directed. Catlett, on his way 
home from the office after a bad day 
gets a flat tire and a few more things 
happen before he arrives. He dis- 
covers that his wife is giving a birth- 
day party and his boss is coming. 
However, the evening is ruined when 
his insurance salesman brother mo- 
lests his boss and finally annoys him 
so that he leaves. Catlett saves the 
day when a short wave radio set his 
brother gave him picks up a distress 
call from his boss as his boat is go- 
ing down, and through Catlett's in- 
tervention, the Coast Guard rescues 

"Vincent Lopez and His Orchestra" 

(Melody Master) 

Warners 10 mins. 

Peppy Band Subject 

Good band reel, which starts off 
with a bang via a special arrange- 
ment of a composition poking fun 
at the fact that Lopez and his trade 
mark melody "Nola" are inseparable. 
The band also renders the harmoni- 
ous "Ride, Tenderfoot, Ride," and 
Betty Hutton, a torrid "swingstress" 
delivers "Old Man Mose" piping hot. 
Joseph Henabery directed the foot- 
age which will strike a responsive 
chord in lovers of pop band music. 


Paramount 9 mins. 

Land of the Incas 

The history of the Incas is as mys- 
terious and fascinating a chapter of 
history as has ever been told. What 
became of the proud race and what 
caused their civilization to crumble 
has never clearly been explained. In 
addition to viewing the Incan ruins 
and relics recently unearthed by ex- 
peditions, we see much of the life of 
the native Peruvians in this short. 
Festivals and dances in the cities and 
the life of the Indian fisherman, 
whose method of making his liveli- 
hood has not changed in thousands 
of years. Cinecolor helps to bring 
out the natural beauty of the coun- 

"Stranger Than Fiction" 

Universal 9 mins. 

Interesting Oddities 

A pipe collection started by an 
ex-Confederate General that today 
is one of the finest collections known, 
ranging from cobs to calabashes. 
Willie Swan, a Louisiana Negro is 
shown making hunting horns, known 
the world over for their quality. 

A freak of nature is seen in a calf 
that is half calf and half deer, hav- 
ing characteristics of both animals 
clearly defined. Mrs. Theresa Kenny, 
of Colorado, is shown reading in 
the mausoleum she has designed for 
herself. License plates can be used 
again, and the proof is shown here 
with a house and barn completely 
roofed with discarded plates. A 
beauty parlor for men, and a man, 
obsessed with idea of being lost, 
who has had his name and address 
tattooed on his leg in a number of 
different languages wind the reel up. 

"Natural Wonders of Washington 
(FitzPatrick TravelTalk) 
M G-M 10 mins. 

Handsome Reel 
Filmed in Technicolor, this sub- 
ject is one of great beauty and in- 
terest, depicting as it does the awe- 
inspiring landscapes of the Snoqual- 
mie National Forest, and the re- 
nowned Snoqualmie Falls which is 
higher than Niagara. Impressive as 
the vistas are, the short's producers 
have enlivened the views with amus- 
ing scenes of recreation-seekers, who 
in the middle of Summer are still 
able to ski in the high, sun-baked 
altitudes of the mountain ranges, 
and to slide down the slopes tobog- 
gan-wise without the actual tobog- 
gan, by the simple expedient of the 
recreationists' waxing the seats of 
their outdoor garbs and sliding in a 
sitting position, tandem fashion. 
Climax of the footage is provided 
via filming of gorgeous Mount Rain- 
ier, which rears its snowy head 14,- 
408 ft. above sea level. Here, indeed, 
is a handsome short, rife with audi- 
ence appeal. 

"Fools Who Made History" 

Columbia 10 '/i mins. 

History of Rubber 

An interesting short in every re- 
spect, the story of the final success 
of Charles Goodyear in making India 
rubber usable should hold the atten- 
tion of audiences. The short reverts 
to the year 1835, with Goodyear im- 
prisoned for failing to pay his debts. 
He refuses to go into bankruptcy as 
he would lose his valuable patents, 
and he carries on his experiments in 
jail. An accident puts him on the 
right track and he discovers a meth- 
od of making thin rubber sheets. 
Failure dogs his footsteps, however, 
and it is not until another accident 
reveals to him the secret of vulcaniz- 
ing that he really proves the worth 
of his invention. Finally, a court of 
law recognizes the invention as being 
his alone, and the people who have 
stolen his patents are forced to make 

"Jeepers Creepers" 

(Looney Tune Cartoon) 

Warners 7 mins. 

For Cartoon Fans 

Porky, Leon Schlesinger's appeal- 
ing little cartoon character, is a con- 
scientious cop, who is sent by the 

directing voice, which comes over 
his patrol car radio, to a house in 
a lonely section. Within, he finds 
himself beset by a spook who scares 
and annoys Porky with every handy 
device. Although this type of mate- 
rial has been done so often ir | ni- 
mated subjects, "Jeepers CreeySrs'' 
carries enough humor to make it 
worth while for cartoon devotees, 
and particularly the younger genera- 
tion of pix-goers. Reel has a surprise 
ending in which Porky turns the 
tables on the spook. 


"Swing Hotel" 

Universal 17 mins. 

Pop Ork and Vaude Acts 

A melange of swing music and 
vaudeville acts in this short should 
please the pop trade. Duke Daly 
and his orchestra provide the 
music. Short has a background of a 
hotel where all the employes put on 
their own show after the customers 
go to bed. Among the stage and 
screen names appearing are: Martha 
Mears, radio singer; John and Edna 
Torrance, dancers; The Murtah Sis- 
ters, comedy singers. Jerry Lester 
and Milton Charleston, comedians; 
The Three Rockets, rhythm dancers, 
and The Notables Quartet. 

"Dreams On Ice" 

(Color Rhapsody) 

Columbia 7 Mins. 

Amusing Reel 

This amusing tab reel recounts the 
prank of a little boy and his dog who, 
with winter on their respective minds, 
flood their bedroom, open the window, 
and then hope for the water to freeze 
into a nice skating pond. The cul- 
prits go to sleep and dream of the 
joy that will be theirs when Jack 
Frost provides the rink. Their rever- 
ies are filled with the pageant of toy 
animals and dolls skating. In the 
morning they have a rude awakening, 
when the youngster's mother discov- 
ers the flooded room. But they have 
had the fun of their dreams and get 
away with a light reprimand. The 
film is in Technicolor and will please 
kids and grown-ups alike. 

"Swing Styles 

(Melody Master) 

Warners 10 Mins. 

Unusual Band Reel 

Here's an unusually good musical 
reel, done in gay spirit and fea- 
turing some odd, but always pleas- 
ing, instrumentation. Participating 
in the tuneful treat are the Adrian 
Rollini Trio; Milt Herth Trio; Tito 
and Swingtette; Frazee Sisters and 
Charles Troy and Zoe Lynn. Indi- 
cative of some of the strange in- 
strumentation is the Rollini combo 
manning a vibraphone, guitar and 
bass fiddle. Herth's boys get torrid 
on two electric organs plus drums. 
The Tito troupe goes to town via 
strings and accordion. The Frazee 
Sisters are effective swing song- 

i Thursday, October 19, 1939 





(Continued from Page 1) 

reported that all signs favored an 
upturn in grosses; single sectional 
exception was in the Middle Atlan- 
,tic tes. Late selling and delayed 
relt, as were singled out as deter- 
rents. Exhibs. generally were of the 
! opinion that November would prove 
a banner month. 

"This fact was very definite," 
commented Ross. "Pictures that 
justify the public's support are get- 
ting it." 

"There have been optimistic re- 
ports before," Ross said, "some based 
on local improvement, or on the 
effects of temporary spurts in cer- 
tain industries; but not for years 
have business executives in all lines 
shown such a strong feeling that 
business is fully justified in taking 
off the blinders and facing the im- 
mediate future with full speed 

"This attitude on the part of busi- 
ness executives," he continued, "is 
itself a tremendous reason for op- 
timism, because it is well known to 
be true that a hopeful attitude 
emanating from high places can do 
a Jot to raise business right up by 
its bootstraps." 

Two trips were made to Detroit. 
Executives of key industries, of de- 
partment stores, of hotels, of the 
entertainment world, interviewed on 
the first trip, pointed out material 
improvement in Detroit's business 
and indicated an attitude of hope. 
Two weeks later Ross visited Detroit 
again. This time the optimistic feel- 
ing had crystallized into fact. The 
department store reported as much 
as 30 per cent increase for Septem- 
ber over the previous five years for 
the same month. Where a few months 
ago streets were half filled with un- 
employed and with men on relief, 
now at five o'clock the streets were 
jammed with men going home from 
work and shoppers. 

In Chicago, signs of an upswing 
were reflected in the statement of a 
prominent retail executive, who told 
Rcss that for the first time in years 
business men were talking improve- 
ment and feeling its effect in their 
businesses. Kansas City reflected 
the same spirit. 

Highly significant are Ross' find- 
ings in Minneapolis. Here, in a re- 
gion which derives its income large- 
ly from agriculture, might logically 
have been, found a sharp contrast 
with the feelings uncovered in other 
industrial territories. Instead; the 
same feeling of improvement was 

Polish Films Fade 

Detroit — The war has completely stop- 
ped the supply of Polish films, according 
to Henry Richards, manager of the Gol- 
den State Film Co., which specialized in 
their distribution. As a result, Anthony 
Rudzinski, owner of the company, is 
now in California making arrangements 
for new product. 

Capital Paper's Special for "Mr. Smith" 

Washington Bureau of THE FILM DAILY 

Washington — One of the outstanding press-film tieups of the year marked the world 
premiere of Columbia's "Mr. Smith Goes to Washington." The Times Herald early yes- 
terday published a National Press Club special edition covering the premiere for com- 
plimentary distribution as the audience of 4,000 filed out of Constitution Hall. Edition 
devoted three pages to the "first night," with a panorama shot of the capacity audience, 
made just before the film went on, spread eight columns across page one. There 
was more than a full paga of premiere art used additionally. Descriptive story was a 
by-liner by Andrew R. Kelley. Inside page carried a "first night" "who's who." Tieup 
was put over by Ed Rosenbaum, Columbia exploiteer headquartering in Philly. 

Poore Named Exec. Secretary 
of PCC of ITO; Bruen Treas. 

(Continued from Page 1) 

Hugh Bruen, treasurer, at the in- 
itial meeting of the board of trustees 
of the Pacific Coast Conference of 
Independent Theater Owners. 

Purpose of the Conference, as out- 
lined by the trustees, is to act upon 
calls of members to conciliate and 
protect each member against all dis- 
crimination, unfair clearance and 
zoning, unfair selling practices, un- 
ethical competition, non-theatrical 
competition, and any other injustice 
that may arise in the motion picture 
industry affecting any member or- 
ganization of the Conference. 

The Conference will hold an an- 
nual convention and will also pub- 
lish a monthly periodical in the in- 
terest of its members. Its head- 
quarters will be in Los Angeles. 

Rotus Harvey represented the 
ITO A of No. Calif.; Fred Mercy, Jr. 
and William Ripley the MPTO of 
the Pacific Northwest; N. W. Poole, 
Bruen and Jack Y. Berman the ITO A 
of So. Calif, and Arizona. 

Canadian Newsreels Won't 
Carry U. S. Peace Footage 

(Continued from Page 1) 

material along these lines probably 
would be eliminated promptly from 
the clips sent to Canada. 

It was understood that any foot- 
age of this type, or clips showing 
the German army in action, would 
be censored from the reels exported 
to Canada unless deleted at this 

Dominion viewpoint is summar- 
ized as, "Canada and its peoples are 
at war for a cause, and we do not 
want to hear how or why other coun- 
tries will remain neutral, nor do we 
want to see what happened to sol- 
diers during the last war." 

noted, with the feeling reflected in 
general business. 

In Milwaukee, and throughout the 
whole state of Wisconsin, the mo- 
memtum of improved conditions has 
been more sharply felt than perhaps 
anywhere else in the country. A 
searching general analysis of the 
state's business shows an industrial 
improvement of no less than 30 per 

Swinging back into the East, Ross 
continued his observations and his 
discussions with business leaders. 
Memphis, Washington, Baltimore all 
showed a boom period was in the 

MPPDA Board to Continue 
Adjourned Meeting Series 

(Continued from Page 1) 

sion of the "general situation," it 
ws stated. There was no amplifi- 

Next parley will be held next Wed- 

Indiana Exhibs. to Fight 

State Levy on % Films 

Indianapolis — According to ATOI 
counsel, the suit contesting the le- 
gality of the Indiana State Gross 
Tax Department collecting 1 per cent 
gross tax on the producer-distrib. 
share of percentage pictures from 
the exhibitors is to be filed soon 
and will probably be brought to trial 
during the Fall term of the court. 


(Continued from Page 1) 

issued an unqualified denial. De- 
partmental manpower is sufficient, 
in the division's view. 

There is no move afoot by the 
Department to give the Schine anti- 
trust suit precedence over the New 
York Equity suit, it was reiterated. 

Setting of dates for the two trials 
depends entirely on the court calen- 
dar in the respective jurisdictions, it 
was stated. Thus, the department's 
view is that conditions of the court 
calendar in respective districts will 
decide when the case goes to trial. 

On further reports that the anti- 
trust division will file three more 
suits against independent circuit 
operators within the next few weeks, 
the official answer again was "no 

WBC to Demonstrate 

Unique application of wire broad- 
casting to radio receiving sets will 
be demonstrated at the Hotel Essex 
House, 160 Central Park South, at 
4:30 o'clock this afternoon. The 
hotel is the first building anywhere 
to have this type of service supplied 
by Wire Broadcasting Corp. of 


couldn't cook . . . but oh, 
how she could sew and sew! 



Thursday, October 19, 1939 


(Continued from Page 1) 

thus he now sticks to his former 

"I feel today, just as I did a year 
ago," he said, "that two years from 
then, or one year from now, we 
shall be employing a single negative 
going through any standard motion 
picture camera. 

"The second prediction I made 
last year about faster negative in 
six months was fulfilled both on time 
and as to sped, as evidenced by the 
fact that the new negative has been 
used during this year on such Tech- 
nicolor productions as 'The Blue 
Bird,' 'Dr. Cyclops,' 'Drums Along 
the Mohawk,' 'The Private Lives of 
Elizabeth and Essex,' 'Northwest 
Passage,' 'Swanee River' and "Ty- 

Dr. Kalmus gave credit for the 
advances in Technicolor photography 
to Gerald F. Rackett of his organi- 
zation and to John Capstaff, Dr. 
Mees and Edward P. "Ted" Curtis 
of Eastman Kodak among others in 
that company, in whose activities in 
developing Technicolor's advance he 
exercised general direction. 

Presentation of the Journal 
Award to Dr. Kalmus was made by 
Curtis. Award was for Dr. Kalmus's 
article, "Technicolor Adventures in 
Cinemaland," which was published 
in the SMPE Journal. In 1938 Dr. 
Kalmus received the SMPE Progress 

The SMPE convention ends today. 

Luncheon Today for Guests 
at Premiere of "Passage" 

Detroit — For the first time in its 
13 years the Michigan Theater failed 
to open its doors at 10:30 A.M. This 
was due to unusual preparations for 
the premiere of Paramount's "Dis- 
puted Passage" at 8:30 this evening. 

Robert Preston and John Howard, 
heading the Hollywood contingent, 
yesterday were guests of honor at 
a luncheon and reception accorded 
them by the University of Detroit 
co-eds. Following the luncheon news- 
reel shots were made of the Holly- 
wood visitors being mobbed on the 
campus by more than 200 co-eds. 

Festivities for the premiere get 
under way today with the visiting 
stars, theater executives and news- 
paper representatives attending a 
special luncheon of the Variety Club 
at the Book-Cadillac Hotel. 

Four More Brandt Houses 

May Use Vaude Shows 

Increase of vaudeville in the 
Brandt chain by 100 per cent is 
being considered at the present time, 
it was learned yesterday. Currently, 
four houses are using vaude shows, 
and it is being considered for four 
more houses. Theaters are in the 
outlying Metropolitan area. 

rev iews of new fu ms 

"Meet Dr. Christian" "The Kansas Terrors" 

with Jean Hersholt, Dorothy Lovett, 

Robert Baldwin, Patsy Lee Parsons 

RKO-Stephens-Lang 63 Mins. 



The "Dr Christian" series gets off to an 
auspicious start, and Jean Hersholt is an 
ideal choice for the role of the kindly, sym- 
pathetic country doctor. William Stephens 
and Howard Lang have surrounded Hersholt 
with a splendid cast, while Bernard Vor- 
haus has supplied excellent, understanding 
direction. Especially good in a supporting 
role is Patsy Lee Parsons, who proves to be 
one of the best child actresses seen on the 
screen in many moons. Paul Harvey is 
effective and convincing as a business man 
who believes Hersholt is just an old, indif- 
ferent horse-and-buggy days doctor and has 
his opinion very strongly changed in the 
end. Maude Eburne is unusually good with 
her type of comedy, while other principals 
include Enid Bennett, Dorothy Lovett, Rob- 
ert Baldwin, Maria Mae Jones, Jackie Moran 
and Frank Coghlan, Jr. Ian McLellan Hunt- 
er, Ring Lardner, Jr., and Harvey Gates 
fashioned a warm, human screenplay. Her- 
sholt, who years ago settled in Rivers End, 
Minn., and finally gave up his plans to 
practice in Chicago, knows his town's big- 
gest need is a hospital, but his plans for 
such a building are opposed by Harvey. 
In fact, Harvey wants to bring in a doctor 
from out-of-town to replace Hersholt as 
River End's health officer. Harvey's daugh- 
ter, Patsy Lee Parsons, suffers injuries to 
her brain in an auto accident, and in the 
emergency, Harvey allows Hersholt to work 
on the case with a Chicago specialist. 
When the specialist informs Harvey that 
Hersholt has just completed a successful 
operation on the child, Harvey is ready 
to back the hospital project. 

CAST: Jean Hersholt, Dorothy Lovett, 
Robert Baldwin, Enid Bennett, Paul Harvey, 
Marcia Mae Jones, Jackie Moran, Maude 
Eburne, Frank Coghlan, Jr., Patsy Lee Par- 
sons, Sarah Edwards, John Kelly, Eddie 

CREDITS: Producer, William Stephens; 
Associate Producer, Monroe Shaff; Direc- 
tor, Bernard Vorhaus; Author, Harvey Gates; 
Screenplay, Ian McLellan Hunter, Ring 
Lardner, Jr., Harvey Gates; Cameraman, 
Robert Pittack; Art Director, Bernard Herz- 
brun; Musical Director, Constantin Baka- 
leinikoff; Editor, Edward Mann. 

Very Good. 

Baltimore Variety Club 

Names Rome Chief Barker 

Baltimore — Newly elected officers 
and Board of Directors, Baltimore 
Variety Club, Tent No. 19, are: J. 
Louis Rome, chief barker; Frank H. 
Durkee, assistant chief barker; C. 
W. Hicks, second assistant chief 
barker; Owen D. (Nick) Weems, 
treasurer and Joseph Young, secre- 
tary. These with the following are 
directors: Rodney Collier, William 
K. Saxton, Joseph C. Grant, Edward 
Kimple, Jr., Edward Perotka, Edwin 
Sherwood and Elmer Nolte. 

with Bob Livingstone, Raymond Hatton, 

Duncan Renaldo 
Republic 57 Mins. 


Following a lengthy leave of absence 
from his role as chief of Republic's "three 
mesquiteers, Bob Livingston makes his 
comeback effectively in this one. Ray- 
mond Hatton and Duncan Renaldo are hap- 
pily cast, and George Douglas is a villain 
anybody would hiss. Livingston and Hatton 
land on a tropical island with a consign- 
ment of horses. They immediately get 
mixed up with Renaldo, a bandit chieftain 
who is trying to liberate his people. Doug- 
las, the commandante, who is robbing the 
people, has his men steal the receipts from 
■ he sale of the horses from the two 
Americans. Livingston gets himself in all 
sorts of trouble, is accused of murder, and 
the three men have some hair-raising es- 
capes before Douglas and his men are 
wiped out in a big battle. There is plenty 
of action to satisfy the six-gun fans. 

CAST: Robert Livingston, Raymond Hat- 
ton, Duncan Renaldo, Jacqueline Wells, 
Howard Hickman, George Douglas, Frank 
Lackteen, Myra Marsh, Yakima Canutt. 

CREDITS: Associate Producer, Harry 
Grey; Director, George Sherman; Screen- 
play, Jack Natteford and Betty Burbridge; 
Original Story, Luci Ward; Cameraman, 
Ernest Miller; Editor, Tony Martinelli. 


"Time in the Sun" 

Marie Seton 59 Mins. 

(Hollywood Preview) 


This is a subject that will require spe- 
cial handling on the part of exhibitors and 
unusual exploitation. For the most part 
it is a series of beautiful scenes, depict- 
ing natives of Mexico in picturesque ritu- 
als, ceremonies and rites. It is based on 
110 000 feet of negative shot in Mexico 
by Sergei M. Eisenstein for his unfinished 
film, "Viva Mexico." It is not until near 
the end of the picture that a short plot 
is introduced. A peon seeks permission 
from his master to marry, but instead of 
granting the request, the master attacks 
the girl. The peon tries to fight back, 
but is overpowered and with two other 
peons is buried alive. Wild horses trample 
over the helpless men. The subject, as 
produced by Marie Seton, deals with the 
simple, devoted Mexicans, who for 400 
years suffered slavery, and who finally 
threw off their shackles. The photography 
by E. Tisse is exceptionally fine and is 
certain to provoke favorable comment 
wherever the picture is shown. 

CREDITS: Producer, Marie Seton; Script 
and Narration, Marie Seton and Paul 
Burnford; Editorial Supervisor, Paul Burn- 
ford; Cameraman, E. Tisse; Music, Ponce 
Espino and Carlos Tarin. 



Readers Take U-Boat Copy of 
Hipp, at face Value 

Blind copy ur -J ■ by 


Ted Routson for the HippoV "' me 
here gave this city — or a consider- 
able part of it — the jitters in a way 
to remind of Orson Welles broad- 
cast. Copy, appearing in the Sun- 
papers, read: 

U-Boat 29 


Copy appeared on the back page 
of the morning Sun and first edition 
of the evening Sun and brought 
enough telephone calls from scared 
readers to swamp the switchboard. 
Routson, apprised by the papers' 
publisher, added the line in subse- 
quent editions, "Starts Friday, Hip- 

Grainger Sets Rep. Deals 

In Pittsburgh Territory 

Pittsburgh — James R. Grainger 
Republic's president and general 
manager in charge of distribution, 
closed deals here yesterday for com- 
pany's 1939-40 product with both 
the Harris Theater Circuit and the 
Pittsburgh division of Warners' The- 

Also representing Republic in the 
negotiations were James H. Alexan- 
der, local franchise holder, and Sam 
Fineberg, branch manager here. 
John H. Harris represented the Har- 
ris Circuit, and Harry Kalmine and 
Harry Finstein the Warner inter- 

AGVA Starts Contract Talks 
with N. Y. Circuits Next Wk. 

Following an intensive organizing 
campaign, the newly chartered 
American Guild of Variety Artists 
will start negotiations next week 
with New York circuits for contracts 
covering stage shows and vaudeville, 
it was reported yesterday. 

It is understood that the Amer- 
ican Federation of Actors, which 
lost its AAAA and IATSE charters 
during the recent bitter jurisdic- 
tional dispute in the theatrical field, 
will get an A F of L charter cov- 
ering carnival and circus roustabouts 
in the near future. 

IATSE Files Petition to Be 
Named Indie Workers' Agent 

West Coast Bureau of THE FILM DAILY 
Hollywood — IATSE has filed a 
petition with the NLRB asking to 
be named sole bargaining agency for 
workers employed by all independ- 
ent motion picture producers. 

Following certification, it is re- 
ported, IA will seek a closed shop 
agreement with all indie producers. 


Concrete Film Program for ArgentineoErealy^ Presented 

Intimate in Character 
International in Scope 
Independent in Thought 

{See Column 3 Below) 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 


VOL. 76,^0. 78 



RKQ's Loss Sharply Reduced, 26 Weeks' Report Shows 



Neb. Women's Club Federation Ditches Neely's Bill 




. pressure groups 


^^ counsel, speaking before the Nebraska 
Federation of Women's Clubs convention 
at Lincoln yesterday, singled out so-called 
"pressure groups" for attention. 

It was about time; or being wholly hon- 
est about it, the arraignment of such groups 
as "sore spots on democracy" was over- 
due. For the legislative harassment which 
this industry encounters almost continuous- 
ly, largely results from the activities of 
"pressure groups." 

That especially is indicated in the in- 
stance of the Neely bill. Without debat- 
ing the merits of the measure, it is a fact 
that industry support is virtually restricted 
to one group, and that in one arm of the 
trade. Otherwise, the bill's backing is de- 
rived from an array of outside organiza- 
tions, ranging from the WCTU to the 
American Home Economics Association. 

rXTRAVAGANT claims for support are 
™ made on the basis of organizational 
backing. A single example will suffice. 
A representative of the League of Women 
Voters told the Senate sub-committee last 
April that approximately 50,000,000 belong 
to societies endorsing the Neely legislation. 
(According to the last U. S. census, total 
number of women in the U. S. was 60,- 

Such claims ignore the point. As Petti- 
john says, "hundreds of resolutions de- 
claring that 'block-booking,' 'blind-selling,' 
'clearance,' 'zoning' and other trade prac- 
tices of the industry affect the morals of 
the screen" can be counted upon. But to 
properly evaluate such resolutions, it is 
necessary to know to what extent those 
adopting them are familiar with the trade 
practices condemned. 

"IT would be safe to bet 1,000 to 1 that 
' few, if any, of these organizations con- 
tain a single member that could even define 
the trade practices referred to, let alone 
understand the part they play in the dis- 
(Continued on Page 2) 

Convention Action Follows 

"Pressure Group" Talk 

by Pettijohn 

Lincoln, Neb. — A picture of "pres- 
sure groups" and "professional lob- 
byists" as "sore spots on democracy" 
was painted 
by C. C. Pet- 
tijohn, MPP- 
DA general 
here yester- 
day at the 
annual con- 
vention o f 
the State 
Federation of 

Pet ti John 
asserted that 
many "pres- 
sure groups" with their infinite ca- 

{Continued on Page 5) 



Al Christie is reported to be dis- 
cussing a three-picture deal with 
Monogram. Program would be made 
{Continued mi Page 4) 

Para. Launches "Passage" 
as Detroit Previews Cars 

Detroit — Two of America's major 
industries, the film and motor, joined 
{Continued on Page 8) 


Film Attorneys Present Con- 
crete Program for Treaty 


Washington Bureau of THE FILM DAILY 
Washington — Stressing the im- 
portance of the Latin-American 
market to the film industry as a re- 
sult of the loss of a great portion of 
the European market, a group of 
film attorneys yesterday presented 
the committee for reciprocity in- 
formation with a program designed 
to increase U. S. film business in the 
Argentine. The reciprocity commit- 
tee is now taking testimony rela- 
tive to the new reciprocal trade 
agreement to be negotiated between 
the United States and Argentina. 

Spokesman for the film attorneys 
was Harry Levine, of RKO. Other 
attorneys present included Harold 

{Continued on Page 8) 


West Coast Bureau of THE FILM DAILY 
Hollywood — Charles Laughton and 
Erich Pommer are reorganizing 
Mayflower Pictures and will pro- 
duce in Hollywood. 

"St. Martin's Lane," in which 

{Continued on Page 7) 

RKO's Loss for 26 Weeks at $68,070; 
Plan to Streamline Corporate Setup 

Warner Sound Dept. Invents 
"Invisible Sound Transmitter' 

West Coast Bureau of THE FILM DAILY 

Hollywood — Warner Bros.' sound 
department, under Major Nathan 

(Continued on Page 7) 

Consolidated statement of RKO 
Corp. and its subsidiaries, covering 
the 26 weeks ended July 1, last, dis- 
closes a net loss of $68,070.29 for 
the period, — before providing for 
dividends of $148,900.50 accrued 
(.Continued on Page 8) 

D of J Files Brief in Sup- 
port of Chicago Suit 
vs. B & K, Majors 

Chicago — Defendants in the 
criminal contempt action insti- 
tuted by the Department of 
Justice against B & K and the ma- 
jors shrunk by two here yesterday 
when the Government dropped the 
fight on RKO Radio and Universal. 
The trade regarded it as a signal 
legal victory for Spitz & Adcock, 
counsel for the two companies. At- 
torney Arthur A. Goldberg, of the 
Spitz & Adcock office, was in charge 
of the defense. 

At the same time, the D of J's brief 
in support of the action against the 
circuit, Paramount, 20th-Fox, UA, 
Vitagraph (Warners) and Loew's 
was filed with the Court. The brief 
charges that the consent decree was 

{Continued on Page 4) 


National Allied will not consider 
the reinstatement or the admission 
of New York Allied into the national 
fold as long as Max A. Cohen is 
president of the unit, according to 
Col. H. A. Cole, president. Col. 
Cole, who was scheduled to leave 
last night for Washington, said that 
the status of the state organization 
with national body depended upon 
(Continued on Page 5) 

Depinet, McCormick Leave 
For Coast Product Huddles 

Ned E. Depinet, RKO vice-presi- 
dent, and Barret McCormick, direc- 
tor of publicity and advertising, left 
(Continued on Page 7) 

Ascap Gets a Temporary 

Injunction in Florida 

Jacksonville — A three-judge Fed- 
eral Constitutional Court sitting here 
(Continued on Page 7) 


Vol. 76, No. 78 Fri., Oct. 20, 1939 10 Cents 



DONALD M. MERSEREAU : General Manager 
CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118, 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON — Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St., 
W. I. PARIS — P. A. Harle, La Cinematog- 
raphie Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo, 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico, 
D F. BUENOS AIRES— Chas de Cruz, 
Heraldo Del Cinematografista, Corrientes 1309. 

_ _ 

nnanci a l 


High Low Close Chg 

Am. Seat 103/ 4 10V 4 103/ 4 + Vi 

Col.Picts. vtc. (2i/ 2 %) 7% 714 T>A — Vs 

Columbia Picts. pfd 

Con. Fm. Ind 

Con. Fm. Ind. pfd.. 9Vz 9% 9y 2 + Vs 

East. Kodak 160 160 160 — Vs 

do pfd 

Cen. Th. Eq 12l/ 2 12l/ 2 12y 2 + l/ 4 

Loew's, Inc 33% 33 Vs 33 V4 

do pfd 

Paramount 7% 7'/ 2 7'/ 2 — Vs 

Paramount 1st pfd... 80 80 80 

Paramount 2nd pfd.. 8% 8% 85/ 8 — Vs 

Pathe Film 105/ 8 10'/ 2 10% + Vs 

RKO 1% H/ 2 15/ g 

20th Century-Fox .. 14 13% 13% + % 

20th Century-Fox pfd 

Univ. Pict. pfd 67% 67% 67% + l/ 4 

Warner Bros 4% 4 4 — % 

do pfd 


Keith B. F. ref. 6s46 

Loew's deb. 3%s46. . 99% 99 99% 

Para. B'way 3s55 .. . 47 47 47 + % 

Para. Picts. 6s55 

Para. Picts. cv. 3i4s47 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 


Monogram Picts 

Sonotone Corp 1% 1% 1% 

Technicolor 11% 11% 113^ 

Trans-Lux 1% 1 1/ 4 11/ 4 

Universal Corp. vtc 

Universal Picts 73/ 8 7% 7% + % 


Bid Asked 

Pathe 7 Film pfd 100% 

Fox Thea. Office Bldg. 1st '46 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45.. 63 66 
Roxy Thea. Bldg. 4s 1st '57 583,4 61% 



of Every Possible Description 
Conveniently Catalogued 


BRYANT 9-5600 

Sore Spots 

. . . pressure groups 

(Continued from Page 1) 

tribution of motion pictures," says Petti- 

And he could have as easily made the 
odds a million to one. 

Parenthetically, it might be observed that 
the British industry is finding gross ignor- 
ance of trade mechanics in high places a 
major war problem. When the supposedly 
informed president of the Board of Trade 
calmly proposes to reduce U. S. pix im- 
ports from 500 to 150 annually as a war 
measure, the lay misapprehensions on this 
side are dwarfed, to say the least. 

Columbia Sets New Policy 
for "Mr. Smith" lst-Runs 

Columbia is setting a new policy 
in first-run bookings for Frank 
Capra's "Mr. Smith Goes to Wash- 
ington" which had its New York 
premiere yesterday at the Radio 
City Music Hall. 

Because of the possibilities of the 
pix as a box-office attraction, Colum- 
bia did not attempt to set a record 
in day-and-date bookings for "Mr. 
Smith," preferring instead a series 
of first-run engagements that would 
create widespread word-of-mouth 
advertising in further support of 
the national advertising and exploi- 
tation campaign. 

Move to Dismiss Libel 

Suit Against 4-A Execs. 

Application to dismiss the $100,000 
libel suit brought by Ralph White- 
head against AAAA officials was 
filed yesterday in the N. Y. Supreme 
Court and will be heai'd on Oct. 23. 

Edward Arnold, Frank Gillmore, 
Kenneth Thomson, Paul Dullzell 
Emily Holt, Florence Marston, Paul 
Turner, Henry Jaffe and Edward 
Harrison are defendants in the suit 
which claims that a libelous state- 
ment in reference to Whitehead as 
executive secretary of AFA was re- 
leased to newspapers on Aug. 18. 

Depinet Announces Series 
of RKO Product Deals Set 

Series of seasonal product deals 
were announced as closed yesterday 
by Ned Depinet, RKO sales chief. 

List includes Kincey circuit, 83 
theaters; Newbold circuit, Butter- 
field Theaters, 50 houses; Lucas- 
Jenkins circuit, Loew-Poli circuit. 
Notopoulos circuit, Dolle theaters of 
Louisville, and Real-Neth circuit. 


"AN HILARIOUS SCUFFLE" — Atkinson, Times 
George Abbott presents 



By Richard Maibaum and Harry Clork 
Biltmore, W. 47 St. Evgs. 8:45. Mats. Wed. & Sat. 


Friday, October 20, 1939 

Picture Pioneers Will 

Initiate Class of 35 

Picture Pioneers will initiate a 
class of 35 candidates at the Fall 
Conference tonight at Colbert's, 12 
E. 49th St. Class will be sworn 
in by Judge Ferdinand Pecora, or- 
ganization's only honorary member. 

Festivities will start with cock- 
tails at seven o'clock with dinner 
and entertainment said to be of 
"surprise" nature following at 

According to Jack Conn, House 
Manager of the organization, To- 
ronto. Chicago, Cleveland and Phila- 
delphia will be represented at the 

Started by a group of less than 
ten men early in June, the Picture 
Pioneers now number more than one 
hundred-and-fifty members. Appli- 
cations for charters have been re- 
ceived from out-of-town groups and 
it is believed that these will be 
eranted shortly after the first of 
the year. Membership is limited to 
those men who have spent 25 years 
or more in the motion picture in- 

Artists Managers' Guild 
Defers Vote on SAG Franchise 

West Coast Bureau of THE FILM DAILY 
Hollywood — Following a meeting 
of the Artists Managers' Guild 
which was to have taken a vote on 
the proposed franchise agreement 
with the Screen Actors' Guild, Pres- 
ident M. C. Levee of AMG, an- 
nounced that action had been de- 

He said that agents have had the 
contract only 48 hours and had not 
had sufficient time to study it. 

It is likely that SAG will be asked 
to alter certain clauses which would 
prohibit certain agents from con- 
tinuing in business. 

Chi. Exchange Employes 

Negotiating New Scale 

Chicago — Negotiations for a new 
wage scale for film exchange em- 
ployes are under way here. Twelve 
exchange employes in the Chicago 
district will shortly select delegates 
to go to New York for a meeting 
with the film companies. 

'Great Victor Herbert" 

Para.'s New Year's Film 

Paramount tentatively has picked 
"The Great Victor Herbert" as its 
New Year's release, it was learned 

RKO Moves In Milwaukee 

Milwaukee — RKO will move its lo- 
cal exchange from 1131 N. Eighth 
St. one block south to quarters for- 
merly occupied by M-G-M at N. 8th 
and W. State Sts. when remodeling 
operations have been completed. Ap- 
proximately $50,000 will be spent 
in modernizing the exchange on 
which RKO has signed a 12-year 


WILLIAM A. SCULLY, Universale general 
sales manager, left yesterday for sales meetings 
in Indianapolis, Detroit, Chicago and Milwaukee. 
He returns to New York next week. 

S. CHARLES EINFELD, Warner ad. and pub. 
chieftain, arrives here the end of the month 
from the Coast. 

NATHAN GOLDEN, head of the motion pic- 
ture division of the Department of Commerce, 
is in town for the SMPE concise. 

N. BERNARD FREEMAN, g info's managing 
director in Australia, has ed in Sydney 

after a European trip. 

T. E. SHEA, vice-president and director of 
engineering for Erpi, left for the Coast last 
night on business. 

ARTHUR SHEEKMAN, writer, and his wife. 
GLORIA STUART, return to the Coast this week- 

LOUIS FROHLICH, Ascap counsel, returns to 
his office on the week-end from the Midwest. 

MONROE CREENTHAL, director of exploita- 
tion for United Artists, leaves New York tonight 
for the Coast where he will spend about two 

AL MARCOLIES, of the UA publicity staff, 
left New York last night by plane for Bos- 
ton, returning here Monday. 

CONSTANCE BENNETT left New York yes- 
terday via TWA for Columbus, O., on the first 
lap of a personal appearance tour. 

LEE PATRICK arrives here over the week- 
end to appear in a stage show. 

JOAN BLONDELL arrives here this week-end 
from Hollywood. 

NED SPARKS has returned to the Coast after 
a New York vacation. 

KATHLEEN LOCKHART arrives here this week- 
end from the Coast. 

DOROTHY BRYANT, executive secretary of 
ACVA, and HENRY JAFFE, associate counsel 
of the AAAA, flew to the Coast this week on 

NOLL GURNEY, field agent for the Myron 
Selznick agency, is in New York for a short 

MICKEY ROONEY is in Detroit to visit the 
Edison Foundation. 

BOB BURNS is in Chicago with MRS. BURNS 
who is a patient at the Passavant Hospital. 

JANE WITHERS, 20th-Fox star, who has been I 
making p.a.'s in Boston, will arrive in New York * 
City Sunday afternoon with her mother and 
secretary for a week's visit before returning 
to Hollywood. 

HELEN JEPSON is expected here next week 
from the Coast. 

SAM ROSEN, Connecticut exhib., has returned 
to Winsted after a hunting trip in Canada. 

DAVE BADER has planed back to the Coast. 

For Lunch, Dinner or Supper 


The Industry's 


156 W. 48th St. Tel. CHickering 4-4200 


To: Mr. Busy Executive. 
From: Box No. 1406 FILM DAILY, 1501 
Broadway, New York City. 
Subject: Result-getting Assistant. 
An appointment is requested by the writer. 
Will you grant it? 

Outstanding record; unusually versatile as a 
right-hand man to an EXECUTIVE in MO- 
fields; capable managing responsibilities and 
planning intelligently with a stick-to-it- 
iveness determination — desires responsible 
permanent connection; salary secondary to 

Excellent recommendations of untarnishable 
repute as to integrity, loyalty, honesty and 


San Diego and New Rochelle 
Blame Rising Temperatures 
on Housekeeper's Daughter 



the biggest business the California Theatre has done in its 
eight year history. And she moves over to the Plaza 
for an extended run. 



GETS EYEFUL of gal who is already 
west coast sensation. Circuit heads, ex- 
hibitors, trade paper representatives hail 
hit while preview cards are mash-notes 
as fans swear to keep another date with 
The Housekeeper's Daughter at their 
local theatre. 


"An excellent piece of entertain- 
ment that will please all types of 
people. Comedy sequences well de- 
veloped, consistent with the story. 
Laughs planted well and plentifully 
. . all in all, a splendid evening's 




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HAL ROACH muff mm to meet 






Hollywood's NewesTlie^rt-throb JOHN HUBBARD 

Directed by HAL ROACH 



Friday, October 20, 1939 


Albany — Consensus of opinion on 
Exchange Row and in the exhib. 
field in the Albany area is that biz 
is growing steadily better, particu- 
larly in the cities. Albany, Schenec- 
tady, Utica and Glens Falls are 
cited particularly, with the branch 
managers saying that the smaller 
towns reflect biz in the urban cen- 
ters, although the rise is felt at an 
evener pace. 

While a year ago the good "take" 
was chiefly confined to exceptional 
pix, the run of the mine product is 
now pulling better in the neighbor- 
hood spots as well as the chain first- 
runs. Chains operating in the local 
area include the Warner Bros., 
Schine, Benton, Fabian and Smalley 

Close of the baseball season help- 
in the Albany - Troy - Schenectady, 
Utica, Rome and Amsterdam- 
Gloversville sectors, while Bingo 
parties are not the factor of a few 
years past. In Albany there are 
but three sizable Bingo parties in 
fraternal circles, while in the section 
two years ago church parties were 
competing with the theaters every 
night in the week. 

The war situation now helps two- 
fold, not only in drawing the patrons 
to see pix such as "U-Boat 29," 
"Espionage Agent," "Thunder 
Afloat," etc., but it is freely con- 
ceded that the hosts who stayed at 
home early in September to hear 
war scare news are paying less at- 
tention to broadcasts. 

Al Christie May Make Trio 
of Pix for Monogram Here 

{Continued from Page 1) 

at Eastern Service Studios and 
probably would be of the light com- 
edy variety. Eastern Service, it is 
understood, would aid the producer 
to secure financing. 

W. Ray Johnston, Monogram pres- 
ident, said yesterday that further 
discussions would be held next week, 
but that no deal had been set defi- 

Christie, long an ace comedy pro- 
ducer, recently directed "Everything 
Happens to Ann" for Arcadia Pic- 
tures. Although not yet released, 
the picture is said to be highly en- 


Best wishes from THE FILM DAILY 

to the following on their birthdays: 


Marian Nixon Russell Holman 

Purnell Pratt Charley Chase 

James H. McFarland 


with PHIL M. DALY; 

▼ T T 

• • • WHEN the night of Nov. 15 rolls around and with it 

comes the annual "Night of Stars" colossal benefit for settling 

Jewish refugees in Palestine the crowds in Madison Square Garden 

locale of the wondrous event will hear plenty and see plenty 

On the aural side must be mentioned the new song which George 

M. Cohan is writing especially for the event According to Marvin 

Schenck and Ben Boyer associate chairmen for the star-spangled 

show the incomparable Cohan's composition will be in the nature 

of an anti-"Over There" the new song concerning itself with the 

theme, "Lafayette We Are Not Coming!" Who will sing it? 

Believe it or not, 'twill be a new song and dance team a couple 

of young chaps just breaking into show biz the Messrs. George M. 

Cohan and George Jessel! That's just a sample of what is in store 

for you! 

T ▼ ▼ 

• • • NOW on the visual side in addition to the Cohan- 

Jessel combo in person will be, among others, Irving Berlin. 

Orson Welles, Judy Canova, Benny Goodman, Maxine Sullivan, 
the Jack Dempseys, Paul Draper, Abbott and Costello, Olsen and 

Johnson, Molly Picon, Alexander Smallens, Martha Raye 

That will suffice, without further ado, to give you an idea of 
what this year's show will be like 

T T T 

• • • TWO unusual feed-bag sessions featured the calendar yes'- 

day Exhibit "A" was the AMP A luncheon in Stouff er's Palais de 

Palates on Fifth Ave When Prexy Paul Lazarus announced to the 

gathering that the organization was now in the black everyone 

Jack Spratt-ed the platter clean and demanded "seconds" Miss 

America was on hand to take a bow in the role of an honor-guest 

and Johannes Steel, famed radio commentator, delivered a swell spiel 

on the European situation with a question-and-answer period at 

the finale Then adjournment for a fortnight 

Y T ▼ 

• • • FEED-BAG exhibit "B" was in Brooklyn's Hotel 

Bossert where that borough's Downtown Assn. hosted Eddie 

Cantor in the Grand Ballroom There's a slight suspicion 

that the Loew publicists had a finger in the pie for cut- 
outs of Cantor blossomed everywhere proclaiming Eddie's 

p.a. engagement at Loew Met Too, photographers mys- 
teriously boarded the I.R.T. sub at Bowling Green to snap Mr. 

Cantor in the role of straphanger And itfs puzzling how 

an umpty-ump piece band just happened to meet Eddie coming 

out of the theater and accommodatingly escorted him to 

the luncheon Of course no significance either can be at- 
tached to the fact that Joe Martin and Ethel Shephard of WHN 

"happened-in" to sing splendidly their songs Darn subtle 

these Loew guys but effective 

T T ▼ 

• • • ENTERPRISE Yep, Mr. Linotyper, keep that in caps 

'cause that's the kind of enterprise the Warner promotional crew 

is showing in behalf of "The Private Lives of Elizabeth and Essex" 

set for national release Nov. 11 Tie-ups have been arranged 

with Lux soap; the House of Westmore. cosmetic mfgs.; Pocket Books, 

Inc.. and other channels to make Mr. Exhib.'s turnstiles click 

in all parts of the land 

T T T 

• • • THIS morning's tag line is brazenly lifted from 

Charles H. Ryan's showmanly exploitation bulletin for War- 
ner Chicago Theaters "The best way to dodge mistakes 

is to listen to those who have made them". 


(.Continued from Page 1) 

violated by restricted pix distributed 
by the several companies to B & K 
first-run houses for exclusive first 
showing during the three-year period 
from Nov. 9, 1935, to Nov. 9, 1938. 

The D of J brief also claims the 
same defendants violated .the decree 
by imposing unreasona* . r terms on 
the State Lake theater,? ^venting it 
from playing second-run films, while 
the house was under unaffiliated man- 
agement, if the pix had played the 
Chicago, the Roosevelt or the United 
Artists theater of the B & K circuit. 

The Government claims evidence 
submitted shows violation of the de- 
cree by imposing unreasonable clear- 
ance on the McVickers theater, then 
under Jones, Linick & Schaefer man- 
agement to "B" week, point being 
made that when the McVickers be- 
came affiliated with B & K in Febru- 
ary, 1937, the house immediately ob- 
tained "A" week clearance. 

The brief further charges that 
B & K Paramount "coerced" other 
film distributors into restricting their 
pictures, first-runs to B & K Loop 
theaters, adding that when McVick- 
ers and State Lake theaters, joined 
B & K, the clearance of these houses, 
improved immediately. 

It was also charged that Balaban 
& Katz have a monopoly of first-run 
exhibition in Chicago. 

The findings of fact submitted by 
the Government attorneys, Robert 
Wright and Seymour Simon, to 
Master Edgar Eldredge consisted of 
50 pages, while the brief in support 
of these facts cited 200 separate 
items, which allegedly illustrated in 
a detailed manner the way first-run 
films had been handled in the Chi- 
cago territory for the three years in 

The defendants have 30 days in 
which to file their reply briefs, which 
will be taken under consideration by 
the court. 

After the Master has made his de- 
cision, it will be submitted to Federal 
Judge Charles Woodward, who en- 
tered the original consent decree, 
upon which the Government case is 

Washington Bureau of THE FILM DAILY 
Washington — Emphasizing that 
there is no release on the B & K 
Chicago case "in the works," a 
prominent Department of Justice 
official last night told The Film 
Daily: "There can't be any consent 
decree in a contempt case." 

GE met Up 45% 

Schenectady — Report of Ceneral Elec- 
tric Co. for the first nine months of 
this year shows net profit of $25,022,- 
631, compared with $17,548,256 in the 
first nine months of 1938, an increase 
of 43 per cent. Net for current period 
was equal to 87 cents a common share, 
as against 61 cents in the 1938 period. 


Friday, October 20, 1939 




(.Continued from Page 1) 

parity for harm to a democratic 
system, would fade from the Amer- 
ican political scene were it not for 
thousands of well-meaning, national, 
state and local public organizations 
which are misled into co-operation 
by their professional lobbyists who 
have axes t^, <mnd and jobs to keep. 

There w^ )rompt reaction from 
the Federal if . By almost unani- 
mous vote, the convention voted to 
withdraw the Nebraska clubs' sup- 
port of the Neely bill. 

"A pleading voice on the radio, 
a high-flown slogan and alleged pub- 
lic issue that only the closest study 
;ould determine — these are enough 
to start an avalanche of letters to 
Washington from people who assume 
that it must be the thing to do, be- 
cause the publicists and lobbyists 
of their organizations advise them to 
do it. Most pressure groups are 
sore spots on democracy which ex- 
posure will eventually destroy," Pet- 
tijohn declared. 

Experience of the film industry 
to illustrate his point was cited by 
the Hays office counsel. 

"No other medium of entertain- 
ment, education and information," 
he asserted, "has been subjected to 
more self-purification than the mov- 

3. Not a single great church or- 

Air Defense Mans Theater's Searchlight 

St. John, N. B. — Famous Players Canadian's Capitol Theater, largest of the city's 
pix houses, is ready to play a leading role in air raid defense. Searchlight, operated 
by the anti-aircraft section of the Canadian home defense, has been installed on the 
theater roof; it's in use nightly. 

ganization, social service or educa- 
tional movement has any complaint 
to make today about the screen, 
from the standpoint of immoral or 
un-American influence. In fact, 
pictures are so clean that there are 
grumbles from the left that 'art' 
(and I quote the word) is being 
strangled in the effort to protect the 
interests of the family in screen en- 

"Yet pressure groups, whose real 
ambition is to break up the struc- 
ture of self-regulation erected for 
the industry in order that the screen 
might become a prey to every sub- 
versive influence, can always count 
on hundreds of resolutions declaring 
•that 'block-booking,' 'blind-buying,' 
'clearance,' 'zoning' and other trade 
practices of the industry affect the 
morals of the screen. It would be 
safe to bet 1,000 to 1 that few, if 
any, of these organizations contain 
a single member that could even de- 
fine the trade practices referred to, 
let alone understand the part they 
play in the distribution of motion 

"Men who have spent lifetimes in 
the industry, have found no better 
method than now exists, of making 
available to the smallest theater in 

the land for a few dollars, the cost- 
liest productions of the studios for 
which the big theaters pay thou- 
sands of dollars to distributors for 
first-runs. Yet certain women's 
clubs, sororities and boys' brigades 
do not hesitate by resolution or 
otherwise to condemn the trade prac- 
tices of the industry on the pres- 
sure charge that these affect the 
moral contents of the screen." 

Pettijohn suggested that when 
Congress gets around to investigat- 
ing and exposing a single pressure 
campaign of this sort, it will have 
exposed them all, for their tech- 
nique never varies. 

The MPPDA exec, was seconded 
on rostrum by C. E. Williams, presi- 
dent of the MPTO of Nebraska, 
and G. Ralph Branton, general man- 
ager of the Paramount-A. H. Blank 
string. Pettijohn visited Governor 
Cochran, and had luncheon with 25 
leading business and film men. 

Pettijohn Urges Return 
of Arbitration System 

Omaha — Exhibs. and branch man- 
agers should be allowed to work out 
their own problems because they 
know how their business should be 
run and what amount of tariffs it 


(Continued from Page 1) 

whether Cohen continues as the 

Allied's national president said he 
regretted the split in the New York 
organization inasmuch as the unit 
accomplished so much during its 
existence. He said he attended the 
Syracuse meeting in the hope that 
the unit could survive and carry 
on its good work. However, he 
said he believed Cohen had not 
lived up to Allied's constitution and, 
in some respects, had gone beyond 
his authority. 

Cohen is reported to be preparing 
a statement in answer to the charges. 

will stand, declared C. C. Pettijohn, 
MPPDA general counsel, at a meet- 
ing of distributors nad exhibtiors 
at the Omaha Variety Club. 

Pettijohn pointed out the Omaha 
trade area had an arbitration board 
for six years "and 99 per cent of the 
disputes were settled amicably." Such 
a board or similar means of arbitrat- 
ing disputes should be brought back, 
he said. 

"Most serious threat to the indus- 
try at the present time is the Neely 
Bill," Pettijohn said. "Some ex- 
hibitors are foolish enough to think 
the bill will help their business. 
The opposite is true." 

VIP** 3 ® 



'** Smash opening at WARNER'S. 

JTirst two days' "business 
is 150% of normal! 



(P. S. And did you read about\ 
Baltimore, Atlanta and New Yorkt ) 


Directed by TAY GARNETT • Released thro UNITED ARTISTS 



Friday, October 20, 1939 

:< ik Reviews of the neui nuns > ■< 

"Disputed Passage" 

with Dorothy Lamour, Akim Tamiroff, 

John Howard 

Paramount 87 Mins. 



Properly exploited, Paramount's picturiza- 
tion of Lloyd C. Douglas' book should at- 
tract healthy returns at the box-office. 
Frank Borzage has supplied sympathetic, 
intelligent direction, while Akim Tamiroff 
and John Howard give outstanding perform- 
ances, the former as a genius as a surgeon, 
whose only interest is hard facts and sci- 
ence. Dorothy Lamour is decorative and 
capable as an American-born orphan, reared 
in China who makes Howard, a disciple of 
Tamiroff, realize that in addition to cold 
science there are souls and emotions. 
Prominent in the supporting cast are Wil- 
liam Collier, Sr., Judith Barrett, Victor 
Varconi, Keye Luke, Gordon Jones and 
Gaylord Pendleton. To Harlan Thompson 
goes credit as producer. Anthony Veiller 
and Sheridan Gibney fashioned an interest- 
ing screenplay. In Howard, one of his stu- 
dents, Tamiroff, the severe taskmaster, sees 
great promise and is determined that How- 
ard should have no outside interests. When 
Howard, who has operated on Dorothy 
Lamour, falls in love with her and they 
become engaged, Tamiroff succeeds in 
making Dorothy give up her sweetheart. She 
returns to war-torn China and becomes an 
ambulance driver. Howard, who has had 
many quarrels with Tamiroff, forces him 
to admit he caused the break with Dorothy. 
Howard goes to China in search of Dorothy 
and is critically injured in a bombed hospi- 
tal, where he had stopped to aid Varconi, 
resident doctor. Varconi cables Tamiroff 
and he hurries by plane to operate and save 
the life of his pupil. It is when it appears 
that Tamiroff's skill is to fail and Howard 
will die that Dorothy appears. Her pres- 
ence inspires Howard to fight to live — and 
Tamiroff concedes that he now realizes 
the soul is greater than science. 

CAST: Dorothy Lamour, Akim Tamiroff, 
John Howard, Judith Barrett, William Col- 
lier, Sr., Victor Varconi, Gordon Jones, Keye 
Luke, Elisabeth Risdon, Gaylord Pendleton, 
Billy Cook, William Pawley, Henie Riano, 
Z. T. Nyi, Philson Ahn, Dr. E. Y. Chung, 
Philip Ahn, Lee Ya-Ching. 

CREDITS: Producer, Harlan Thompson; 
Director, Frank Borzage; Author, Lloyd C. 
Douglas; Screenplay, Anthony Veiller and 
Sheridan Gibney; Cameraman, William C. 
Mellor, ASC; Art Directors, Hans Dreier 
and Roland Anderson; Editor, James Smith; 
Musical Score, Frederick Hollander and John 
Leipold; Sound, Hugo Grenzbach, Richard 

PHY, Fine. 

Mitchell, Precision Mgr. 

R. Fawn Mitchell, formerly with 
Andre Debrie, Inc., as manager, has 
joined Precision Film Lab., subsid- 
iary of Berndt-Maurer Corp., as 

WB Sets Martin Circuit 

Warners has closed a seasonal 
product deal with the Martin circuit 
operating in 39 situations in Geor- 
gia, Alabama and Florida. 

"Three Sons" 

with Edward Ellis, Katherine Alexander, 

J. Edward Bromberg, William Gargan 
RKO 72 Mins. 


Undertaking the difficult task of telling 
in episodic fashion the history of a family 
and their business, this release comes 
through with flying colors. The picture is 
solid entertainment for the pop trade, with 
a strong dramatic story, a good cast and 
able production and direction. Edward Ellis 
is fine as the founder of a great Chicago 
department store, and J. Edward Bromberg 
is equally good as the faithful employe who 
grew with the business. Katherine Alexan- 
der, cast as Ellis' wife, and William Gargan, 
as his dandified brother, are both good. 
Picture also serves to introduce Virginia 
Vale and Robert Stanton, winners of the 
Jesse Lasky talent hunt, who with Kent 
Taylor and Dick Hogan portray the four 
children in the family. The story opens 
in Chicago after the great fire. Ellis and 
his wife arrive from New York to go into 
business, with Gargan already living in that 
city. Ellis foresees a great future for a 
department store, and with the help of 
Gargan, who is intimate with a number of 
politicians, selects a site where all the 
car lines will converge. The four children 
are born, and with the advent of each 
child a new department is opened in the 
store. The mother, Katherine Alexander, 
dies before the store really becomes a 
great figure in the city. However, each 
child disappoints Ellis. The daughter mar- 
ries a phony prince, one son gets mixed up 
with a dance hall singer, and Gargan is 
killed accidentally by the girl, another has 
visions of being a band leader and won't 
work in the store, and the youngest boy, 
who is Ellis' pet, gets in a jam with a girl 
in the store. Despite these rebuffs to his 
dreams, Ellis divides 80 per cent of the 
stock in the store among the four children, 
only to have three of them sell their stock 
to pursue their own ambitions. Bromberg 
buys back the stock from the bank, and 
before Ellis dies he learns that the youngest 
son has come back to the store as an em- 
ploye, leaving one of the family to carry 
it on. 

CAST: Edward Ellis, J. Edward Bromberg, 
Katherine Alexander, William Gargan, Kent 
Taylor, Virginia Vale, Robert Stanton, Grady 
Sutton, Dick Hogan, Adele Pearce, Barbara 
Pepper, Alexander D'Arcy. 

CREDITS: Producer, Robert Sisk; Direc- 
tor, Jack Hively; Screenplay, John Twist; 
Based on a novel by Lester Cohen; Cam- 
eraman, Russell Metty; Editor, Thereon 


Attorney General's Aide 

Permanently in Chicago 

Chicago — Permanent assignment 
of Seymour Simon, special assistant 
attorney general, to the local of- 
fices of the D of J's anti-trust di- 
vision was disclosed yesterday. In- 
crease in work for the Chicago bu- 
reau was said the reason. Larger 
quarters have been taken on the 
sixth floor of the 208 S. La Salle 
St. building. 

"Fast and Furious" 

with Ann Sothern, Franchot Tone 
M-G-M 73 Mins. 


Latest in a series produced by Metro 
about the adventures of the Sloanes, por- 
trayed by Ann Sothern and Franchot Tone 
this time, this release should please. The 
action is well paced, the cast is personable, 
and the film has enough comedy to neatly 
balance its more gruesome aspects. John 
Miljan, Ruth Hussey, Lee Bowman and the 
rest of the players adequately sup- 
port the principals. The happily married 
Sloanes run into trouble quickly. Lee Bow- 
man, a friend, has borrowed money from 
them to go into partnership with John Mil- 
jan in running a beauty parade at a nearby 
seaside resort. Ann and Franchot go to 
the resort for a vacation. Miljan is mys- 
teriously shot and Franchot and a detective 
friend from New York start investigating 
in order to clear Bowman, who is under 
suspicion. A short time after this, an 
attempt is made to murder Franchot and 
Ann, but they escape. Another suspect 
under the scrutiny of Tone and his friend 
is murdered, complicating matters still fur- 
ther. Finally, Franchot pins everything on 
trapping Allyn Joslyn into admitting his 
guilt, which he does, but when Joslyn tries 
to murder Franchot after making his ad- 
mission of guilt he is trapped by police 
who were hidden in the room. 

CAST: Franchot Tone, Ann Sothern, Ruth 
Hussey, John Miljan, Allyn Joslyn, Bernard 
Nedell, Mary Beth Hughes, Cliff Clark, 
James Burke, Frank Orth, Margaret Roach, 
Gladys Blake, Granville Kurnitz. 

CREDITS: Producer, Frederick Stephani; 
Director, Busby Berkeley; Original Screen- 
play, Harry Kurnitz; Cameraman, Ray June; 
Editor, Elmo Vernon. 


SEC Report Reveals Morris 
Sale of Warner Debentures 

Washington Bureau of THE FILM DAILY 

Washington — Acquisition of 100 
of Columbia Pictures common voting 
trust certificates by A. Schneider 
was reported by the SEC today in 
its semi-monthly summary of se- 
curity transactions and holdings. 
Schneider now holds 304 of the cer- 
tificates, it was reported. 

Warner Bros, report disclosed 
Sam E. Morris had filed for April, 
1939, listing holdings of 3,000 shares 
of common stock and no optional 6 
per cent convertible debentures af- 
ter disposing of 15,000. 

Report of Keith-Albee-Orpheum 
shows a corrected report by John J. 
McCaffrey stating he holds no 7 
per cent cumulative convertible pre- 
ferred directly but has acquired 60 
shares of that issue through H. D. 
Best McCaffrey Co. He is now listed 
as a director of KAO. 

Robert L. Daine reports acquisi- 
tion of 2,500 shares of Trans-Lux 
common stock as compensation and 
disposal of 2,000 shares as a gift. 
He now holds 3,000 shares of com- 

"Those High Grey 

with Walter Connolly, Onslow Stevens, 
Paul Fix 


81 Mins. 



<v e 
The usual emphasis place -most prison 

stories on the atmosphere 6 )e prison has 
been reversed in this one, and with good 
effect. Although a prison is the background 
for the story, the story itself deals prin- 
cipally in a character study of a man, a doc- 
tor who is imprisoned because of his faith 
in mankind and his oath of duty. Walter 
Connolly gives a superb performance as the 
country doctor, and he is ably supported by 
a fine cast that includes such seasoned 
troupers as Onslow Stevens and Paul Fix. 
Connolly is sent to jail when he removes 
a bullet from a boy he had brought into the 
world and lets the boy, a fugitive, escape. 
In the penitentiary he is assigned to the 
jute mill, but following his cure of a patient 
with a heart ailment he is transferred to 
the hospital. A prisoner is found dead in 
the ward, and Connolly is accused of giving 
him an overdose of sedative as a trusty 
had heard the man pleading with Connolly 
to put him out of the way. Connolly has 
further trials and tribulations before he is 
pardoned by the governor, but in Connolly's 
conversion of Stevens, young doctor in the 
prison, from a despairing and hardened 
man into a doctor who realizes he has a 
mission in the world, there is a much great- 
er story than his own troubles. 

CAST: Walter Connolly, Onslow Stevens, 
Paul Fix, Bernard Nedell, Iris Meredith, 
Oscar O'Shea, Nicholas Soussanin, Don Bed- 

CREDITS: Produced by Columbia; Di- 
rector, Charles Vidor; Screenplay, Lewis 
Meltzer; Based on a story by W. A. Ull- 
man, Jr.; Cameraman, John Stumar; Edi- 
tor, Gene Milford. 


"Tillie," Now a 4-Reeler 
Clicks in Los Angeles Test 

West Coast Bureau of THE FILM DAILY 

Hollywood — "Tillie's Punctured 
Romance" in its initial week's run at 
the Orpheum Theater, Los Angeles, 
played to about 25 per cent over 
regular box-office returns. Picture 
stars Charlie Chaplin, Marie Dress- 
ier, Mabel Normand, Slim Summer- 
ville, Chester Conklin, Ford Sterl- 
ing, Charlie Murray, Charlie Chase, 
Edgar Kennedy and the original 
Keystone Kops. The picture has 
been re-edited in four reels and has 
been rescored with modern music 
and sound effects. 

De Mille's Next Story 

West Coast Bureau of THE FILM DAILY 
Hollywood— Cecil B. DeMille will 
follow "Northwest Mounted Police' 
with "The Sun of Glory," saga of 
the Southwest. It will be for 1940- 


Friday, October 20, 1939 


* f ORCIGn * 

"II Signor Max" 

(Mr. Max) 

with VitJ^ro De Sica, Assia Noris 

Esperia FilrT \ 84 Mins. 


With a novel story, an expert cast and 
lots of comedy, this film will highly please 
Italian fans. It ranks as one of the 
best films turned out by the Italian pro- 
ducers in many a day. Vittorio De Sica 
is well cast as the newspaper vendor who 
crashes society. Assia Noris, is attrac- 
tive as the maid who falls for Vittorio, 
and the remainder of the cast is capable. 
De Sica, heir to a substantial sum of money 
and a profitable newspaper stall, makes 
enough money out of his business to take 
a vacation in a fashionable resort. During 
a holiday season he is given a cruise ticket 
by an aristocrat who is an old school 
friend. He is mistaken for his aristo- 
cratic friend due to his using the friend's 
camera, which has his name on the case. 
Finally, his disguise is pierced, but he 
arrives at a happy ending of his ventures 
when he marries Assia, who is more real 
than the pampered society belles he has 
been running around with. 

CAST: Vittorio De Sica, Assia Noris, 
Rubi Dalma, Umberto Melnati, Mario Casa- 
leggio Riento, Adonella. 

CREDITS: Astra Films Production; Direc- 
tor, Mario Camerini. Presented at the 
Cinecitta Theater with Italian dialogue 
and no English titles. 

0. K. 

• -a 

"Le Sorprese di un 

(The Surprises of a Marriage) 

with Vittorio De Sica, Elisa Cegani, 

Assia Noris 

Columbo Film Co. 79 Mins 


Based on a Pirandello play which tells 
the story of a man who marries a servant 
girl to ward off a contingent of feminine 
admirers, this new Italian release will un- 
doubtedly amuse Italian-American audi- 
ences. The cast is good, and the direction 
of Mario Camerini is smooth. Vittorio De 
Sica portrays the handsome young social 
lion effectively. Elisa Cegani is well cast 
as the servant girl and Assia Noris deco- 
rates the screen as one of Vittorio's ad- 
mirers. Vittorio marries Elisa when hound- 
ed by a horde of women who want to marry 
him because of his social position and 
money. Elisa turns out to be a more ap- 
pealing wife than any of the others could 
have been, but it is in the telling of the 
story, with its comedy complications, that 
the real substance of the picture's material 
is found. 

CAST: Vittorio De Sica, Elisa Cegani, 
Umberto Melnati, Assia Noris, Elsa De 
Giorgi, Ugo Ceseri. 

CREDITS: Producer and Director, Mario 
Camerini. Presented at the Cine Roma 
with Italian dialogue and no English titles. 



"The Monroe Doctrine" 

(Historical Featuret) 

Warners 16 mins. 

History In The Making 

All audiences young and old, 
should see this newest release in 
Warners historical featuret series. 
It is inspiring, and true to fact and 
detail in its telling. Done in Tech- 
nicolor, it has been enhanced pho- 
tographically that much more. Ex- 
hibitors have something to exploit 
in this release, and they should make 
every effort to sell it. A fine cast 
of players, including Grant Mitchell, 
James Stephenson, Sidney Black- 
mer, Charles Waldron and others 
make the picture a living document. 
Going back to the days of President 
Monroe, we vividly see the prob- 
lems presented to the U. S. by an 
alliance of European powers which 
planned to help themselves to por- 
tions of South America. And then 
Monroe delivers his famous message 
to Congress. What the Monroe doc- 
trine has meant to this country, and 
all countries in this hemisphere, 
from that day forward is vividly 
shown. A timely reel, this vizuali- 
zation of American history in the 

"Allergi Masnadieri 

(The Make-Believe Pirates) 

with Mino d'Oro, Assia Noris 

Pullini Films 72 Mins. 


This might have been a class musical 
film. As it is, it is a fair offering for the 
Italian-American market. The cast is per- 
sonable, the music is okay and the story is 
adequate. Assia Noris, an attractive Italian 
blonde, and Mino d'Oro play the principal 
roles. Assia, on her way to marry an unseen 
suitor in the new world, falls in with 
pirates. Unknown to her, her fiance, through 
accident, is also one of the pirate crew. 
The rest of the story can be deduced from 
that much plot structure. Story ends hap- 
pily, with even the pirates getting off easily 
when caught. There are no English titles. 

CAST: Assia Noris, Mino d'Oro, C. Pilot- 
to, Calisto Beltramo, Olivia Fried, Fratelli 
de Rege, Riento. 

CREDITS: Artisti Associati Production; 
Director, Marco Elter. Presented at the 
Cine Roma Theater with Italian dialogue 
and no English titles. 

O. K. 

Ascap Gets a Temporary 

Injunction in Florida 

(Continued from Page 1) 

yesterday granted a temporary in- 
junction to Ascap restraining officials 
of the state of Florida from enforc- 
ing the provisions of the Florida 
anti-Ascap law enacted by the state 
and effective on June 12, 1939. 

A previous similar law enacted in 
1937 was also enjoined by the three- 
judge court. Those sitting at the 
hearing were Circuit Judge Joseph 
Hutcheson and District Judges Louie 
Strum and Augustine V. Long. 

Ascap was represented by Frank 
J. Wideman and Manley Caldwell of 
West Palm Beach and Washington, 
D.C., and by Louis D. Frohlich and 
Herman Finkelstein of Ascap's legal 
staff. The state of Florida was rep- 
resented by Lucine Boggs, Tyrus A. 
Norwood and Andrew W. Bennett, 
general counsel of the NAB. 

Depinet, McCormick Leave 
For Coast Product Huddles 

(Continued from Page 1) 
last night for the Coast where they 
will look at rushes and completed 
versions of forthcoming pictures. 

Advertising and exploitation cam- 
paigns also will be discussed during 
the three-week huddles at the studios. 

Warner Sound Dept. Invents 
"Invisible Transmitter" 

(Continued from Page 1) 

Levinson, has invented an "invisible 
sound transmitter" which enables a 
player to hear music, cues and in- 
structions which must not figure in 
the completed picture. 

Sound of any sort is sent into an 
off-scene microphone and is con- 
veyed to the actor through a tiny 
bone conductor attached to his spine 
under his clothing. In turn, the bone 
transmits the sound to him. It per- 
mits transmission of inspirational 
music to the player in a highly emo- 
tional sequence as in pre-sound era. 

Laughton, Pommer Reorganize 
Co.: Will Produce in H'wood 

(Continued from Page 1) 

Laughton co-stars with Vivien 
Leigh, will be distributed by Para- 
mount under a new title following 
release of "Gone With the Wind." 

Paramount also is seeking to have 
Mayflower make "The Admirable 
Crichton" here with Laughton as the 

Gaynor Leaves Columbia 

Leonard Gaynor today completed 
his two-picture special exploitation 
assignment with Columbia Pictures. 
He was engaged for the "Golden 
Boy" and "Mr. Smith Goes to Wash- 
ington" campaigns. 

"World's Fair Junior" 

(Broadway Brevity) 

Warners 20 mins. 

Tiresome Reel 

Undoubtedly, everybody likes 
children, and particularly when they 
are talented, but when countless 
numbers are jammed down your 
throat for a long 20 minutes the 
short is bound to grow tiresome. 
One dance by a boy and one by a 
girl, maybe two more singing, and 
one grand finale number with them 
all would have been fine, but every- 
thing is repeated endlessly. Sev- 
eral of the kids appearing in the 
short have real talent. A bunch 
of kids decide to build a Fair of 
their own and when it is completed, 
and an amazing piece of work it is, 
it is used as a background for the 
introduction of numerous "num- 
bers." Probably extremely juvenile 
audiences will enjoy it. 

"Naughty Neighbors" 

(Looney Tune Cartoon) 

Warners 7 mins. 

Below Par Cartoon 

The adventures of Porky Pig con- 
tinue in this one, with a feud be- 
tween Porky and his relatives and 
Petunia Pig's family. The feuding 
factions sign a peace pact and Porky 
and Petunia make woo woo in the 
mountain twilight. However, the 
feud flares up again until Porky 
ends it with a peace grenade. Slight- 
ly below par, on the whole. 

"Rubinoff And His Violin" 

(Melody Master) 

Warners 10 mins. 

Melodious Music 

Rubinoff plays his violin soulfully, 
sympathetically in this short, and 
he is backed up by a first-class or- 
chestra. Short uses a bandstand 
setting and dance floor which allows 
the introduction of Clair James, a 
singer, and Jack Holland and June 
Hart, dancers. Rubinoff and the or- 
chestra play "Fiddling On The Fid- 
dle," "Give Me A Moment Please," 
"When Day Is Done," and "Dark 

"Fresh Fish" 

(Merrie Melody) 

Warners 7 mins. 

Amusing Cartoon 

Done in Technicolor, and cleverly 
animated, this cartoon should get 
a lot of laughs. We see a profes- 
sor of icthyology going down in his 
diving bell in search of the ferocious 
monster, the whim wham whistling 
shark. The characterizations of 
the fish and crastaceans he en- 
counters in his search are extremely 
amusing. Finally, he locates the 
elusive shark and nets it, but when 
they get the diving bell back on 
the ship it is discovered that the 
shark has made a meal of the pro- 

2 11 W 44TH 5T 

N 1 C 




Friday, October 20, 1939 


(Continued from Page 1) 

during the period on preferred 7 per 
cent cumulative convertible stock of 
K-A-O. This compares with a net 
loss of $480,176.04 for the corre- 
sponding period in 1938. 

Income from theater admissions 
was listed at $11,501,158.75; film 
rentals and sales at $13,393,263.46; 
and rents and other income at $1,- 
427,624.53, or a total income of $26,- 
322,046.74. As against these items, 
expenses were placed at $24,881,- 

Other income totaled $584,676.39, 
and other charges $1,901,159.83. 
Balance of all foregoing items stood 
at $124,354.83, but provision for in- 
come and other taxes brought the 
deficit to $68,070.29. 

The consolidated statement was 
appended to the report submitted by 
Irving Trust Co., trustee of RKO 
Corp., to the U. S. District Court 
here under date of Oct. 18. Trus- 
tee gave present status and review 
of the debtor's affairs during the 
26-week span. 

RKO Radio Loss Slashed 

RKO Radio Pictures, and its sub- 
sidiaries, engaged in producing or 
distributing, operated for the 26 
weeks ended July 1, 1939, at a net 
loss, after charges, of $756,668.14, 
against net loss for the correspond- 
ing period a year ago of $1,135,- 

522.42. Gross receipts dropped con- 
siderably in the 1939 period, but this 
was offset by expense reduction. 
Distribution expenses were main- 
tained at approximately the 1938 

Pathe News, Inc., for the 26 weeks 
ended July 1, last, showed a net 
profit, after all charges, of $49,- 

881.43, which compares with a net 
profit of $117,574.41 for the same 
period fo 1938. 

Study Studio Economies 
A. Christensen, vice-president of 
Irving Trust, representing the trus- 
tee, expressed optimism regarding 
RKO Corp. and subsidiaries' reve- 
nue during the balance of 1939, 
citing that personnel economies had 
been effectuated recently, and that 
studio economies are under consid- 

RKO theater and pix companies 
are doing well now, in fact better 
than a year ago, he said, with a num- 
ber of strong attractions issuing 
from the Coast studios, following a 
seasonal lull in August and Septem- 

Current hostilities in Europe have 
naturally had their effect upon for- 
eign revenues, but even in the face 

Two Pix a Month 

Santa Fe, N. M. — According to figures 
released from the Commissioner of Rev- 
enue's office, theatergoers spent $192,- 
81 5 during the month of July. Using 
the 1930 census figures and an average 
25-cent admission, every individual in 
the state saw two movies during the 

H. M. Warner Will 
Appear in RSF Pix 

At the invitation of the Russell Sage 
Foundation, Prexy H. M. Warner of 
Warners will appear in a film, "Amer- 
ica's Making." 

Pix will deal 
with the signi- 
ficant contribu- 
tions of Amer- 
ican citizens to 
the develop- 
ment of the 

The Founda- 
tion has also 
asked permis- 
sion to use 
clips from 
"Lights of New 
York," the first 
all - dialogue 
picture and 
''The Jazz 
Singe r," the .. . . ..,.-..-- 

product ion H. M. WARNER 

which established sound as an important 
element in the industry. Clips are also 
sought from several other Warner pic- 

Para. Launches "Passage" 
as Detroit Previews Cars 

Argus to Produce Six 

With All-Negro Casts 

West Coast Bureau of THE FILM DAILY 

Hollywood — Argus Pictures will 
make a series of six features, using 
all-negro casts. Initial picture, an 
untitled comedy drama, with music, 
will have a cast including Gladys 
Snyder and Florence O'Brien, of 
"The Swing Mikado," Monte Halley, 
Sheldon Brooks, who wrote "The 
Dark Tow Strutters Ball," and F. 
E. Miller of Miller and Lyles. Ar- 
thur Dreifuss will direct, and the 
picture will be distributed by In- 
ternational Roadshows. 

(Continued from Page 1) 

forces here last night to launch, 
with all the fanfare of Hollywood 
ballyhoo, Paramount's "Disputed 
Passage," which had its world pre- 

fer a review of "Disputed Passage," 
turn to page 6 of this issue of THE 

May Raise Theater License 

Morrilton, Ark. — A proposed ordi- 
nance changing the annual license 
on motion picture theaters here from 
a flat rate of $100 a year to a charge 
of 40 cents per chair will be consid- 
ered at the council's next meeting. 

of this adverse condition it is not 
without the realm of possibility for 
the companies on a consolidated ba- 
sis to show a profit for the final six 
months of 1939. 

"Streamlining" In Prospect 

It was also implied by sources 
close to RKO Corp. yesterday that 
when the final reorganization de- 
tails have been cleared up in Fed- 
eral Court there may be undertaken 
a "streamlining" of RKO's corpo- 
rate structure. Steps toward sim- 
plification and hence greater mobil- 
ity, it is pointed out, have been 
effectuated by several film companies 
in the relatively recent past. 

In the trustee's report, it is noted 
that no appreciable change has 
taken place in the claims against 
RKO Corp. Anent the reorganiza- 
tion proceedings, Christensen as- 
serted that the next hearing in Fed- 
eral Court, slated for Nov. 1, may 
clarify matters now pending. This 
is interpreted to include the item 
of the new common stock issue. 

RKO pix revenues in Spain are 
still tied up, it is said. 

miere at the Michigan Theater, and 
the 1940 models, the latter given a 
"sneak preview" in a huge street 
parade of stars and cars. 

The co-operative venture drew a 
record crowd to Detroit, the stellar 
magnets including Dorothy Lamour, 
John Howard, Olympe Bradna, J. 
Carroll Naish, Susan Hayward, Rob- 
ert Preston and Joseph Allen, Jr., 
all of whom made p.a.'s at the Mich- 
igan premiere. 

The players were guests at a spe- 
cial noon luncheon arranged by the 
local Variety Club. During the after- 
noon, the Crystal Room of the 
Book Cadillac Hotel was the scene 
of an informal reception and later a 
buffet supper was held for the Hol- 
lywood contingent, visiting news- 
paper representatives and guests of 
the Detroit World Premiere Com- 
mittee, of which Governor Dickin- 
son was honorary chairman. 

Eight lines of motors were in the 
parade to the theater, where the 
arrival was broadcast with Harry 
Heilman of WXYZ as emcee. Para- 
mount News covered the opening 
and footage taken was rushed to a 
local lab. to be developed and print- 
ed, the reel subsequently being 
flashed on the Michigan's screen. 

Large trade delegation from the 
Midwest and East was here for the 
premiere, including John Balaban, 
Walter Immerman, Bill Hollander, 
Harry Browning, Allen Usher, 
Charles Winchell, Joe Feldman, 
Ralph Lawlor, Charles Kurtzman. 

New Britain Will Slap 

Tax on Slot Machines 

New Britain, Conn. — The Board 
of Assessors has decided, for the 
first time since the machines were 
licensed here, to tax pin machines, 
musical devices and like amusement 
and entertainment devices in the 

Simplest way of making the as- 
sessments is through the Police De- 
partment. The detective bureau is 
now preparing for the assessors a 
complete list of all such machines 
for which licenses have been issued. 
The list will show ownership of the 
various devices, estimated to num- 
ber 400. 

$1,133,899 B & L Net 

Rochester — Bausch & Lomb Opti- 
cal Co. for the nine months ended 
Sept. 30, last, report a net profit of 
$1,133,899, equal to $2.31 each on 
410,000 common shares, after de- 
ducting dividends paid on 5 per cent 
cumulative convertible preferred 
stock. Last year net was $337,013, 
or 36 cents a common share. 



(Continued from Page 1) 

Bareford of Warners, Frank Irby of 
20th Century-Fox, Joseph Rosthal of 
Loew's and Dave Lewis, Argentine 
representative of Loew's, who sup- 
plemented Levine's testimony. 

The motion picture industry is 
heartily in favor of the negotiations 
now taking place for/^ " ade agree- 
ment with Argentina^ i n avine said. 
"It is necessary for this industry to 
have free and untrammeled foreign 
markets," he declared. "Otherwise 
our quality pictures will suffer." The 
industry must receive from 35 to 40 
per cent of its revenue from foreign 
markets under the present situation, 
he said, and then told the committee 
of the losses in Germany, Italy, 
Spain, Poland, and other European 
nations. He made reference also 
to the quota imposition of Great 
Britain. "Thus the industry is ex 
ceedingly hard hit," he declared; "so 
much so that it has been forced to 
curtail employment." 

The industry is not concerned with 
keeping Argentine film production 
out of the U. S., Levine said. In 
fact, he declared, it is welcomed. 
"The situation comes down to this — 
with the state Europe is in today 
the Latin-American market is all- 
important." The industry must not 
be required to meet arbitrary quo 
tas, he told the six-man committee. 

As a specific program the industry 
asks (1) that films be considered 
essential articles of commerce, (2) 
be protected against excessive 
duties; (3) have free access to the 
Argentine market without unreason- 
able import permits, (4) an uncon 
ditional most-favored nation clause 
should be inserted in the new treaty, 
Levine said. 

"We believe Argentina itself 
would benefit under such a pro 
gram," Levine said, pointing out 
that at least 50 per cent of the ex- 
hibition revenue remains in Argen 
tina. "The competition of Argentina 
produced films is not enough to war 
rant taxes that have been imposed 
upon us, the industry spokesman de 
clared. "We have no objection to non 
discriminatory taxes," he said, but 
asked to be treated on par with other 

Lewis told the committee that of 
the 400-odd pictures produced in the 
U. S. every year some 350 reach the 

The unfavorable currency situa 
tion is another detriment to the in- 
dustry that should be taken up in the 
negotiations, Levine said. 

The reciprocity committee will 
make a report to the full tariff 
commission following completion of 
testimony to be used by the negotia 
tors in working out the new agree- 

Please, Metro 

Indianapolis — The Indiana Photoplay 

Indorsers is seeking to persuade Metro 

to produce one of the Hardy pix in 



intimate in Character 
International in Scope 
Independent in Thought 



The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

VOL. 76, NO. 79 



Divorcement Amendment to Neely' s Bill in Prospect 


Concerted Move for Single Features in Detroit Area 

/Associated Theaters Takes 

Initiative; Other Circuits 

to Follow 

Detroit — A concerted move for 
: single bills, with slightly reduced 
admission prices in some cases, is 
under way among leading local ex- 

Taking the initiative, Alex Schrei- 
bei% head of Associated Theaters, 
announces the policy for its four cir- 
cuit houses in Wyandotta and Tren- 
ton, southern suburbs. It presum- 
ably will be extended as rapidly as 
exhibitors in a given competitive 
zone will agree to the idea. 

Sehreiber said, "It is a crime to 

(Continued on Page 5) 


Montreal — John Grierson, for 
1 many years with the British Gov- 
; ernment as expert on government 
1 film relations, and a member of the 
1 British Cinematograph Film Council, 
1 has been appointed to act as Can- 
adian Government Film Commission- 
er. Grierson, who has frequently 
' visited Canada, made a survey of 

(Continued on Page 6) 

Pittsburgh Convention 

Calls Allied's Chiefs 

Pittsburgh — The 19th annual con- 
vention of the MPTO of Western 
Pennsylvania (Allied unit) opens 
here this morning at the Roosevelt 
Hotel for a two-day session. Col. 

(Continued on Page 5) 

Ont. Exhibs. to Battle 

War-time Amusement Tax 

Toronto — Reports that the Gov- 
ernment will seek to restore the 
amusement tax at the next session 
of the Ontario legislature were met 
at the week-end by the announce- 
ment of determined exhibitor oppo- 

(Continued on Page 5) 


Out of Gov't Suit 

= By L. H. MITCHELL = 


GOV'T SUITS: RKO and Uni- 
versal were dropped as defendants in 
the Government's contempt action 
against B & K and majors in Chi- 
cago . . . Coast contempt action 
against Fox West Coast and majors 
was continued to Nov. 13 . . . Paul 
Williams denied D of J was side- 
tracking the N. Y. Equity suit. Also 
it was stated that no outside legal 
help would be called upon in prose- 
cuting the case . . . Two defendants 
— Warner Bros, and Universal- — have 
been dropped from the Quemos anti- 
trust suit. 

* * # 

course of action on trade reforms 
by the MPTOA board at White Sul- 

( Continued on Page 6) 

Terms, % Figures Asked 

in Florida Trust Action 

Miami, Fla. — Terms and percent- 
age basis under which feature films 
have been exhibited in the Miami 
area by some 27 theaters is sought 
in a questionnaire filed in Federal 
Court by Washington Operating Co., 

(Continued on Page 6) 

Legislation, Taxes, Labor and Public Relations, 

Unfair Competition, Trade Practices and 

War Problems Before Directors 


White Sulphur Springs, W. Va. — Practically every phase of 
exhibition and distribution will be on the agenda for discussion 
when the MPTOA board of directors opens its round table dis- 
cussions at the Greenbrier Hotel here today. The meetings will 

continue through tomorrow* 

Topics for consideration include 
organization matters, legislation and 
taxes, labor relations, public rela- 
tions, unfair competition, trade prac- 
tices, music tax, war problems, im- 
proved theater operation and miscel- 
laneous exhibitor problems. 
Organization Matters 
It is understood that steps will be 
taken to increase the active member - 

(Continucd on Page 6) 


London (By Cable) — Counter pro- 
posals, seeking at least a satisfac- 
tory compromise of the current fric- 
tion which has arisen between U. S. 
film interests and the British Gov- 
ernment as a result of the latter's 
reported plan to "freeze" some 80 
per cent of revenue derived from 

(Continued on Page 5) 


S.-Paraguay Trade Pact 
to Embrace Pix Provisions 


Washington Bureau of THE FILM DAILY 

Washington — Another long for- 
ward stride toward the objective of 
effectuating trade pacts with all 
the Pan-American nations was taken 
on the week-end when the State De- 
partment disclosed negotiations are 

(Continued on Page 6) 

Max A. Cohen, New York Allied 
president, has called a meeting of 
all units in the state for Nov. 1 in 

In an announcement on Friday, 
Cohen declared that national Allied 
officers appeared to be more tolerant 
on trade practice reforms, for which 

(Continued on Page 5) 

Divorcement, Local Buying Sections 
Loom as Neely Measure Amendments 

September Admission Tax 
Collections Show Big Gain 

Washington Bureau of THE FILM DAILY 
Washington- — Substantial increase 
in admissions tax collections for Sep- 
tember, 1939, over the same month 
of 1938, and also over the previous 
month of August, 1939, was reported 

(Continued on Page 6) 


Washington Bureau of THE FILM DAILY 

Washington — Divorcement bill of 
Rep. Lyle H. Boren (D. Okla.), long 
impending, has been abandoned in 
favor of submitting the same prin- 
ciples in the form of amendments 
to the Neely bill in committee, it was 
revealed at the week-end. 

Strategy of Neely bill proponents 

(Continued on Page 5) 

Picture Pioneers Admit 35; 
Total Membership Now 156 

With the addition of 35 new mem- 
bers admitted into Picture Pioneers 
at its meeting last night at Colbert's, 
12 East 47th St., the organization 
now has an enrollment of 156. It was 

(Continued on Page 6) 

Court Urges Defendants 

To Settle Landis Action 

Philadelphia — Federal Judge Wil- 
liam H. Kirkpatrick Friday advised 
the defendants in the anti-trust suit 
filed by the Landis, Vineland, N. J., 

(Continued on Page 6) 

Monday, October 23, 1939 

Vol. 76, No. 79 Mon., Oct. 23, 1939 lOCents 



DONALD M. MERSEREAU : General Manager 
CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
by Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
rtld M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms fPostage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, lSOi 
Broadway, New York, N. Y. Phone BRvant 
9-7117, 9-7118. 9-7119, 9-7120. 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St., 
\V. I. PARIS— P. A. Harle, La Cinematog- 
raphic Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo, 
Depto. 19, 5 A, Dr. Lucio No. 102, Mexico, 
I) F. BUENOS AIRES— Chas de Cruz. 

Ileraldo Del Cinematografista, Corrientes 1309. 

■ft M 



High Low Close Chg. 

Am. Seat 11 1/ 2 10% 11 Vi + % 

Col. Picts. vtc. (2'/2%) 7% 7i/g 7i/g — Vb 

Columbia Picts. pfd 

Con. Fm. Ind 1 l/g li/ g 1l/ 8 — i/ 8 

Con. Fm. Ind. pfd 

East. Kodak 160</ s 160 160y 8 + l/g 

do pfd 

Cen. Th. Eq 12i/ 2 12 12 — Vi 

Loew's, Inc 33 Vi 33 33 — i/ 4 

do pfd 

Paramount 7% 7l/ 2 75/g + '/ 8 

Paramount 1st pfd 

Paramount 2nd pfd. 9 8?/g 9 + % 

Pathe Film 11% 10% 1034 + l/g 

RKO 1 Vi 1 Vi 1 Vi — Vs 

20th Century-Fox . 13% 13% 13% — Vg 
20th Century-Fox pfd. 23% 23% 23% + % 

Univ. Pict. pfd 

Warner Bros 4% 4 4 

do pfd 43 43 43 


Keith B. F. ref. 6s46.100Vi 'OOVi lOOVi 

Loew's deb. 3'/ 2 s46 . 993/ 4 99 Vi 99 Vi 

Para. B'way 3s55 

Para. Picts. 6s55 

Para. Picts. cv. 3 V 4 s47 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 79% 79 Vi 79 Vi — 2Vi 


Monogram Picts 1% 1% 1% 

Sonotone Corp 

Technicolor 11% 11% 11% + % 


Universal Corp. vtc 

Universal Picts 


Bid Asked 

Pathe Film 7 pfd lOOVi 

Met. Playhouse, Inc. 2nd deb. '45. 63 66 
Roxy Thea. Bldg. 4s 1st '57 60 62 






of Every Possible Description 
Conveniently Catalogued 


BRYANT 9-5600 


H The Broadway Parade ® 

Picture and Distributor Theater 

Goodbye, Mr. Chips (Metro-Goldwyn-Mayer) — 24th week Astor 

U-Boat 29 (Columbia Pictures) — 3rd week Globe 

What a Life (Paramount Pictures) — 2nd week Paramount 

Hollywood Cavalcade (20th Century-Fox) — 2nd week Roxy 

Jamaica Inn (Paramount Pictures-Mayflower) — 2nd week Rivoli 

Babes in Arms ( Metro-Goldwyn-Mayer) Capitol 

Mr. Smith Goes to Washington (Columbia Pictures) Music Hall 

On Your Toes (Warner Bros. Pictures) Strand 

Those High Gray Walls (Columbia Pictures) Criterion 

The Witness Vanishes (Universal Pictures) Rialto 

Espionage (Warner Bros. Pictures) (a-b) Palace 

The Under-Pup (Universal Pictures) (a-b) Palace 

Of Human Bondage (RKO Radio Pictures) (d) Little Carnegie 

Law of the Pampas (Paiamount Pictures) (a) Central 

Ireland's Border Land (Dublin Film Corp.) — 3rd week Belmont 


The End of a Day (Juno Films) — 7th week Filmarte 

Harvest (French Cinema Center) — 4th week World 

Rasputin (Concord Films) — 2nd week 55th St. Playhouse 

Port of Shadows (Le Quai des Brumes) (Film Alliance) (a) Central 

Merele Ef rose I Rebush ) Cameo 

Ho Perduto Mio Marita (Italian film) Cinecitta 


Disputed Passage (Paramount Pictures) — Oct. 25 Paramount 

20,000 Men a Year (20th Century-Fox)— Oct. 27 Roxy 

The Flying Deuces (RKO Radio Pictures) — Oct. 28 Rialto 

Calling All Marines (Republic Pictures) — Oct. 28 Criterion 

Dancing Co-Ed (Metro-Goldwyn-Mayer! — Nov. 2 Capitol 

The Roaring Twenties (Warner Bros. Pictures) — Nov. 10 Strand 

Ninotchka (Metro-Goldwyn-Mayer) (c) Music Hall 

First Love (Universal Pictures) (c) Rivoli 

Dust Be My Destiny (Warner Bros. Pictures) — Oct. 26 (a-b) Palace 

Pack Up Your Troubles (20th Century-Fox) — Oct. 26 (a) Palace 

(a) Dual bill, (b) Subsequent run. (c) Follows Current bill. Id) Revival. 

Columbia Board Votes 

to Pay Half Dividend 

Columbia's board, meeting late 
last week, declared a dividend of 
34% cents per share on account 
of the regular quarterly dividend of 
68% cents due on the $2.75 con- 
vertible preferred stock. Dividend 
is payable on Nov. 15 to stockhold- 
ers of record at the close of business 
on Nov. 1. 

The decision to pay only one-half 
of the regular Preferred dividend at 
this time is due largely to the dis- 
turbed European conditions. 

Chi. Operators Union 

Sets Scale for Schools 

Chicago — Local 110, operators, 
has advised principals of all public 
schools that the following scale will 
prevail for projectionists engaged 
for film shows at which admission is 
charged: For any three consecutive 
hours, minimum charge, $7.50; two 
shows between 9 a.m. and 1 p.m., 
$10; two shows, one in a.m. and one 
in p.m., $12.50. 

Zukor Due in Mexico City 
Nov. 26-27; Cuba Follows 

Adolph Zukor will continue his 
good will tour next month. He is 
due in Mexico City Nov. 26-27, af- 
ter which he is slated to go to Cuba 
and then return to New York. The 
Paramount board chairman is now 
in Hollywood. 

234 Simultaneous Dates 

for "Roaring Twenties" 

Warners "The Roaring Twenties," 
will have 234 simultaneous openings 
this week, one of the largest day and 
date coverages ever amassed for a 
Warner film. The picture goes into 
national release on Saturday. 


HERMAN WOBBER, general manager of dis- 
tribution for 20th-Fox, left the home office 
over the week-end for a month's tour of the 
company's branches in connection with the 
Kent Drive. 

S. CHARLES EINFELD, Warner vice-prexy and 
ad. and pub. chieftain, arrives in town today 
from the Coast. 

JULES LEVY left yesterday for" Coast. 


AL DEANE, Paramount foreign ^.- af tity head, 
left over the week-end for his first vacation 
in eight years. 

arrived yesterday on the Manhattan. 

NATE COLDEN returned to Washington Fri- 

H. M. RICHEY, director of exhibitor rela- 
tions for RKO, is in Pittsburgh. 

FRANK CAPRA and MRS. CAPRA are at the 

RUSSSELL BIRDWELL is at the Sherry Nether- 

BURGESS MEREDITH has returned to New 
York after completing his role in "Of Mice 
jj Men" for Hal Roach. 

IRVINC BERLIN is here from the Coast. 

FRANKLYN WARNER has returned to the 

ROBERT FOULK, former assistant to Ceorge 
Abbott, returns to New York today after work- 
ing on the Coast for some time. 

GEORGE COULOURIS has left for Holly- 
wood to take a role in a new RKO production. 

JOHN PAYNE leaves the Coast this week for 
a month's vacation in New York and Sun 

JULIO M. AMEDIO, general manager of 20th- 
Fox in Caracas, Venezuela, sailed Friday for 
that city on the Grace Liner Santa Rosa. 

Dramatists Guild Votes 

on Pix Agreement Nov. 6 

Members of the Dramatists Guild 
will vote on the proposed new pact 
covering financing of plays by film 
companies at a meeting Nov. 6. 
Guild's annual election takes place 
the following day, with Elmer Rice 
slated to succeed Robert E. Sher- 
wood as prexy. 

O. C. State Drops Duals 

to Single "Mr. Smith" 

Okahoma City — State Theater 
abandoned its policy of two changes 
a week on double bills to single bill 
Columbia's "Mr. Smith Goes to 
Washington" which, opening last 
Friday, is expected to hold a three 
cr four-week run at the State. 

WB Still After Rights 

to "Philadelphia Story" 

Warners is continuing to nego- 
tiate for film rights to "The Phila- 
delphia Story," it was reported at 
the week-end. Deal would call for 
Katharine Hepburn to appear in the 
pix. It is said price set is $250,000, 
which would include star's salary. 

Levy Off for Coast 

Jules Levy, former RKO sales 
head, left yesterday for the Coast. 
While not revealing his immediate 
plans, it is believed by some that he 
will explore the possibilities of en- 
tering the production field. 

57 "Cavalcade" Holdovers 

Holdovers on "Hollywood Caval- 
cade," new 20th-Fox special in Tech- 
nicolor, reached a total of 57 at the 
week-end, it was reported. 

Frank Oliver Rites Held 

Schenectady — Frank Oliver, vet- 
eran Station WGY radio actor and 
one-time English film star featured 
in character roles, was buried in 
Woestina Cemetery. 

Einfeld Here for Meets 

Charles Einfeld, director of ad- 
vertising and publicity for Warners, 
arrives this morning on the Twen- 
tieth Century Limited from Holly- 
wood for conferences with Jack L. 
Warner, Major Albert Warner, Grad 
Sears and Mort Blumenstock. 

George Abbott presents 



By Richard Maibaum and Harry Clork 
Bilfmore, W. 47 St. Evgs. 8:45. Mats. Wed. & Sat. 




Romance AmnE-iN thi 


Thundering down the pages of glory roars 
this mighty story of a mighty man and the 
dauntless girl of his fiery heart/. ..Romance 
winging high on a wave of conflict along 
America's first frontiers! . . . Big in theme! 
. . . Big in scope! . . . Big in spectacle . . . and 
biggest of all in the crowd-pulling thrill 
that sings through every stirring scene! 





Produced by P. J. Wolf son • Directed by William A. Seiter 
PANDRO S. BERMAN in Charge of Production 

Screen Play by P. J. Wolfson 


Monday, October 23, 1939 



(Continued from Page 1) 

play some of the big pictures now 
coming through on double bills. I'd 
like to see singles come in at least 
for week-ends, with double bills 
during the middle of the week, using 
the weaker pictures producers have 
already /6, ited to make. 

"We a better off not to buy so 

much procluct, as, with single bills 
in these houses, we wen't need so 
many pictures. It is impossible to 
make money with double bills and 
present film rentals. During the 
week, we pay as high as 60 to 90 
per cent of gross in rentals." 

The Krim Brothers, and one other- 
circuit organization, kept confiden- 
tial for the time being, strongly sup- 
port the Associated move, and it is 
understood that other leading thea- 
ter operators will probably follow 
suit within a few weeks. The new 
move goes into effect with the new 
season's product, in order to allow 
present film commitments to be ab- 
sorbed under the existing double 

Cohn Chosen Chief Barker 
of Omaha Variety Club 

Omaha — Morris Cohn, owner of 
the Strand Theater at Council Bluffs, 
la. (just across the river from Oma- 
ha), heads Omaha Variety Club for 
next year. Eddie Shafton, attorney, 
was elected to start his sixth term 
as secretary. 

Evert R. Cummings, Tri-States 
manager, was named first assistant 
chief barker; Sam Epstein, Epstein 
Theaters, second assistant; Meyer 
Stern, Capitol, treasurer. Harry J. 
Shumow, Metro manager, is the re- 
tiring chief barker. 

The club's board, including the 
officers, consists of W. M. Green, 
Fepco; A. Mendenhall, Paramount; 
Eugene Blazer, attorney; John Gil- 
lin, Radio Station WOW; Don Mc- 
. Lucas, United Artists, and Shumow. 

\\ SWG Prexy Nominations 

"West Coast Bureau of THE FILM DAILY 
Hollywood— Mary C. McCall, Jr., 
and Sheridan Gibney have been nom- 
inated for the presidency of the 
Screen Writers' Guild. Charles 
Brackett has declined to stand for 

Best wishes from THE FILM DAILY 

to the following on their birthdays: 


Sally O'Neil Harry Cohn 

Fred Datig Sam E. Morris 

Harry Scott 

▼ T T 

• • • THAT merit hath its reward was demonstrated here on Fri- 
day to Sol Wurtzel executive producer at the 20th-Fox studios 

when President Sidney R. Kent tendered him a luncheon at the institu- 
tional Union League Club This breaking of bread, as it were, 

symbolized the Good Words of Wurtzel and you could have shot 

the proverbial cannon into the local lair of 20th-Fox at the noontide 

without hitting a top exec, or company lieutenant for they were 

all at the festive board far away on lower Park Ave W. C. Michel. 

Herman Wobber. Truman Talley, Spyros Skouras, Charles E. McCarthy, 
Sidney Towell, William Kupper, William Sussman, William Gehring, 
Joseph Moskowitz, William Eadie, Alan Freedman, Felix Jenkins. E. P. 
Kilroe, Joseph Pincus, Les Whelan, Roger Ferri, Irving Maas and Franklin 

T T ▼ 

• • • IT may appear strange on the surface to refer to 

films as having "reader interest" but that they create interest 

in reading is a very definite fact Hark to the highlights of 

the tale told by Miss Gretchen J. Garrison who is in charge 

of public relations for the New York Public Library 

According to her testimony following an intensive survey of 

the Library's 29 branches and sub-branches Samuel Goldwyn 

sure did right by Emily Bronte in the matter of giving im- 
petus to that lady's renown and, by like token, sure put the 

New York Public Library to an expense for when the Gold- 
wyn opus, "Wuthering Heights," swung onto the metropolitan 

scene and screens the Library had to buy 94 additional 

copies of the book in order to supply the demand 

Before the purchase of the 94 additional copies there were 

149 copies on the shelves So today there are 243 copies for 

and on loan 

Pittsburgh Convention MP Specialties Acquire 

Calls Allied's Chiefs l Keen-o-Kwizz" Rights 

(Continued from Page 1) 

H. A. Cole, national president; Ab- 
ram F. Myers, general counsel; Sid- 
ney Samuelson, a director, and H. 
M. Richey, former Allied leader and 
now RKO's director of exhibitor re- 
lations, are scheduled to address 
the delegates during the meetings. 

Nominations and election of of- 
ficers will be a feature of tomor- 
row's session. 

National leaders are expected to 
give new slants on current issues 
and problems. Action on grievances 
is promised by convention officials. 

Two Paramount pictures, "Dis- 
puted Passage" and "Seventeen," 
will be screened for delegates to- 
night. Convention winds up with 
banquet and dance. 

Motion Picture Specialties, Inc., 
has acquired national distribution 
for "Keen-o-Kwizz," a series of mo- 
tion pictures applying the radio 
quiz principle to the screen. Lester 
S. Tobias, well known premium dis- 
tributor, is in charge of the distribu- 
tion of franchise rights, acting as 
general sales manager of the com- 

Declax'ed to be free from lottery, 
each film contains a series of 10 
cai'efully worked out questions to 
be answered by patrons on a pat- 
ented card, and award being pre- 
sented to those whose answers are 

Ont. Exhibs. to Battle 

War-Time Amusement Tax 

(Continued from Page 1) 

sition, even if the proposal is pre- 
sented as a war-time measure. 

Col. John A. Cooper, president 
of the MPDEC, pointed out that the 
industry has always contended an 
amusement tax was discriminatory. 

Warners Concentrating on 
Featurets, Shorts, "A" Pix 

West Coast Bureau of THE FILM DAILY 

Hollywood — Taking advantage of 
the temporary suspension of activ- 
ity by its "B" pix department, War- 
ner Bros, is planning to concentrate 
on its program of featurets and 
short subjects during this period, in 
addition to its "A" program. 

Seven writers have been assigned 
to make preparation of the scripts 
under the supervision of Gordon Hol- 


(Continued from Page 1) 

now, Boren revealed, is to offer the 
divorcement and local buying ideas 
as amendments when the House In- 
terstate and Foreign Commerce Com- 
mittee holds hearings on the meas- 

Asked if he believed the commit- 
tee would find time to conduct hear- 
ings, Boren declared a gigantic cam- 
paign of "back-home pressure" is 
in the offing to influence reluctant 
representatives. "There's going to 
be a lot heard about the Neely bill 
between now and Jan. 1," Boren 
said. He calls the pressure cam- 
paign "a program of education." 

This development follows a bitter 
tirade in the appendix of the Con- 
gressional Record, inserted by Boren 
in which he calls the industry every- 
thing from "Public Enemy No. 1" 
to charging the industry with at- 
tempting to "corrupt the churches, 
schools and the nation's public ser- 

The amendments are designed to 
"put more guts and teeth" in Neely 
bill, Boren asserts. 

The local buying amendment will 
stop large chains from alleged 
monopolization, the Oklahoma legis- 
lator declares. 

Max A. Cohen Calls Allied 
Parley for Syracuse Nov. 1 

(Continued from Page 1) 

New York Allied congratulates 

"It must be apparent to every 
clear-thinking independent exhibi- 
tor," Cohen said, "that distributor 
and exhibitor are 'married' and there 
can be no 'divorce'." "With a tol- 
erant approach by both sides to the 
evils and abuses of the industry, 
much can be accomplished toward a 
more peaceable future." 

U. S. Counter Proposals 
Before British Government? 

(Continued from Page 1) 

U. K. exhibition of American pix, 
are understood to have been made 
here through the instrumentality of 
U. S. Ambassador Joseph P. Ken- 

Exact terms of the counter pro- 
posals have not been disclosed, but 
they call for a radical reduction of 
the 80 per cent figure, which in U. 
S. currency is equivalent, on the 
basis of past and present indices, 
to approximately $24,000,000. 

The British reply is expected dur- 
ing the week. 


Lincoln, Neb. — Ownership of a new 
car is embarrassing, not to one, but 
to two exhibitors here. Bob Livingston, 
Capitol exhib., bought a new Buick, so 
parks it in front of George O. Monroe's 

So he can cop a plea that business 
is bad, and if anybody's film rental is 
raised it'll be Monroe's. 

u I S I I ! 3 I M i ! M i > S ( ) N 

m i» ) J A ij 

2ft W 44TH ST 
6 N Y C 

Monday, October 23, 1939 




U. S. Drops RKO, "U" as Contempt Defendants 

{Continued from Page 1) 

ship of the MPTOA and to streng- 
then the individual units and the 
national organization. Ways and 
means of establishing further effec- 
tive co-operation between state as- 
sociations on matters of national in- 
terest also is expected to be an im- 
portant part of the discussions. 

Legislation and Taxes 

With a drive for tax revision loom- 
ing in the next regular session of 
Congress, the MPTOA directors will 
be called upon to give considerable 
attention to the question of whether 
or not admission taxes are likely to 
be increased. In regard to state 
taxes, some steps may be taken to 
arouse picture fans against discrimi- 
natory taxation. 

Effects of the Neely Bill on distri- j 
bution if the measure should pass, 
legislative restrictions on Sunday 
shows and a study of campaigns 
successfully put over in other states 
will be among the matters to come 
under this category. 

Labor Relations 

All phases of the labor situation, 
including application of the Wagner 
Act, NLRB, state laws regarding 
two men in the booth and what help 
the U. S. Dept. of Labor can give in 
conciliating labor disputes. 

Public Relations 

A move to combat adverse pub- 
licity against the industry may be 
launched, but in any event, it is 
likely that the matter will be dis- 
cussed, as well as the curbing of 
Hollywood gossip columns, propa- 
ganda pictures, newspaper publicity 
on law suits and kindred subjects. 

Non-theatrical, radio and tele- 
vision competition will be given some 

Trade Practices 

The subject of trade practices un- 
questionably will be a vital issue. 
It is expected that William F. Rod- 
gers, M-G-M general sales manager, 
will address the directors and, per- 
haps, make some proposal for re- 
viving code negotiations. Individual 
company concessions, cancellations, 
clearance and arbitration are due for 
a thorough study. 

It is expected that the board will 
decide whether plans should be laid 
for solving trade practice problems 
or wait until the legal situation is 

Ascap and the music tax will be 
given due consideration, while econ- 
omy measures resulting from the 
war also will be aired. Exploita- 
tion, advertising, censorship and gen- 
eral theater operation are expected 
to be on the docket. 

While the board hopes to reach 
all these topics in its discussions, 
time element may prevent full or 
partial consideration of the many 

(Continued from Page 1) 

phur Springs this week was en- 
visaged by Prexy Ed Kuykendall . . . 
Col. H. A. Cole, national Allied 
prexy, expressed himself doubtful 
of a uniform arbitration system 


* * * 

EXHIB. ASS'NS: ITO of Arkan- 
sas expressed unanimous opposition 
to the Neely Bill, (as did the Neb. 
Women's Club Federation after lis- 
tening to C. C. Pettijohn's slashing 
attack on the bill) . . . Philly Allied 
concluded that its members should 
make every effort to eliminate the 
"causes of dualling" . . . N. Y. Allied 
indie groups meeting in Syracuse de- 
cided Max A. Cohen, prexy, had ex- 
ceeded his authority, and Col. H. A. 
Cole, Allied prexy, who attended the 
meeting, stated that the N. Y. unit 
must drop Cohen. 

LaGuardia, addressing the SMPE 
convention, put in a plug for pro- 
duction in the East. SMPE awarded 
the Journal Medal to Dr. Herbert 
T. Kalmus, Technicolor prexy, and 
its Progress Medal to Dr. Lloyd A. 
Jones of Eastman Kodak . . . RKO 
reported a 26-weeks' reduction in 

loss of 868,070 . . . Roxy Theater re- 
ported a 39-week net profit of $55,- 
470 . . . Vaudeville increase was 
placed at 60 per cent . . . Erich Pom- 
mer and Charles Laughton are reor- 
ganizing Mayflower Productions and 
will produce in Hollywood . . . Local 
306, operators' union, filed suit 
against four N. Y. C. circuits for 
restoration of a 10 per cent wage 
cut ... As the week closed it ap- 
peared that jurisdiction over tele- 
vision players would be split three 
ways among Equity, SAG and 
AFRA. Ross Federal prexy reported 
business optimism rising rapidly. 



ENGLAND: Oliver Stanley pro- 
posed to couple slash of imports of 
U. S. pix from 500 to 125 with Quota 
suspension . . . Para, reported its 

two weeks' English biz as normal. 
* * * 

ists was stated to be entering ex- 
hibition in Brazil through acquisi- 
tion of three theaters in Sao Paulo 
. . . Film attorneys presented in 
Washington a concrete program for 
export of U. S. pix to Argentina at 
a session on proposed trade treaty. 

September Admission Tax 
Collections Show Big Gain 

(Continued from Page 1) 

Friday by the Bureau of Internal 
Revenue. The upturn also prevailed 
in the Broadway area collections. 

September, 1939, collections 
amounted to $1,852,256.14, compared 
to $1,668,827.04 for September, 1938, 
for an increase of $183,429.10. The 
September collections are $338,788.02 
more than the August collections of 

Broadway area figure for Sep- 
tember, 1939, reported at $545,092.44, 
compared to $377,360.59 for the 
same month of last year, represent- 
ing an increase of $167,731.85, Sep- 
tember collection is also $208,901.17 
more than the August Broadway fig- 
ure of $336,191.27. 

U. S.-Paraguay Trade Pact 
to Embrace Pix Provisions 

(Continued from Page 1) 

being initiated for a commercial 
treaty with Uruguay. 

Announcement means that four 
such pacts are now in work simul- 
taneously; others are with Argen- 
tina, Chile and Venezuela. Addi- 
tionally, a supplementary pact is 
being worked out with Cuba. Film 
commerce is a portion of each exist- 
ing and proposed pact. 

Ten trade pacts are now in force 
between the U. S. and her Latin- 
American neighbors, the list com- 
prising Cuba, Haiti, Brazil, Hon- 
duras, Colombia, Guatemala, El Sal- 
vador, Costa Rica and Ecuador. 

Picture Pioneers Admit 35; 
Total Membership Now 156 

(Continued from Page 1) 

started last June 1 by five men who 
believed that not more than 30 men 
in this area were qualified for mem- 
bership by having been in the film 
business for 25 years. 

Cocktails at seven was followed 
by dinner, after which there was a 
"floor show," participated in by mem- 
bers of the organization and by the 
magician, John Scrani, who had the 
crowd "on its ear" all the time. 

Jack Cohn, House Master, early 
in the proceedings told the members 
that shortly before his death Carl 
Laemmle had applied for member- 
ship. The 135 present stood up in a 
silent tribute to the memory of the 
man who created Universal Pictures. 
Cohn then reminded his hearers 
that pictures were now 50 years old 
and introduced Francis Doublier, in 
point of service the oldest Picture 
Pioneer, who started his film service 
in 1900. 

Doublier displayed the camera — a 
box-like affair 8 by 12 inches — which 
he used in making commercial pic- 
tures in 1904. He hailed Louis 
Lumiere as the father of motion 
pictures and also paid tribute to 
Thomas A. Edison and the Eastman 

New members admitted last night 
were: Lawrence Beatus, Max Cohen, 
William A. Downs, Leo M. Devaney, 
Francis Doublier, J. J. Fitzgibbons, 
Ray Gallagher, Jack Goetz, Charles 
J. Gribbon, William Hedwig, Joseph 
J. Lee, David A. Levy, G. B. Odium, 

{Continued from Page 1) 

Canadian government film activi- § 
ties last year and advised on the 
drafting of the National Film Act. 

Appointment of Grierson, a native 
of Cambusbarron near Stirling, Scot- 
land, was announced at the.<week-end 
by Trade Minister W<heg\ Euler. 
chairman of the NationaK ajmi Board 
set up under the act. Purpose of the 
act is the correlation of the activi- 
ties of the various departments of 
government in film making and dis- 

In the past each department in 
the making of films has operated in 
the furtherance of a particular aim 
in which it was interested, Grier- 
son's duties of putting the act into 
force are expected to take about 
four or five months. 

Grierson, who directed the making 
of many documentary films for the 
British Government, will have wide 
advisory powers in relation to the 
production and distribution of gov- 
ernment films. 

Personnel of the Film Board, in 
addition to Chairman Euler, in- 
cludes: Resources Minister Crerar; 
J. G. Parmlee, deputy minister of 
trade and commerce; R. S. Hamer. 
general executive assistant, Depart- 
ment of Agriculture; Col. V. I. 
Smart, deputy transport minister; 
Prof. Walter Murray, former presi- 
dent of the University of Saskat- 
chewan; Edmond Turcotte, Montreal, 
former editor-in-chief of Le Canada; 
and C. G. Cowan, Ottawa. 

Terms, % Figures Asked 

in Florida Trust Action 

(Continued from Page 1) 

plaintiff, in an anti-trust suit charg- 
ing a monopoly in this area by Para- 
mount Enterprises, Wometco and the 
majors. The Washington company 
asks the defendants to state the 
amount of "film rental paid to each 
producer and distributing company 
in the group known as the "Big 
Eight." It also asked for gross box- 
office receipts and revenues during 
1938 and the first six months of 1939. 

Court Urges Defendants 

To Settle Landis Action 

(Continued from Page 1) 

to settle the case out of court or 
else face a ruling favoring the plain- 
tiff. Judge Kirkpatrick conferred 
with Senator Harry Shapiro, repre- 
senting the plaintiff, and former 
State Attorney General William A. 
Schnader and Morris Wolf, repre- 
senting most of the defendants. 

Fred N. Rothenberg, Joseph Roth- 
man, Lou Rydell, Herman Stern, 
Maurice Seidlitz Joseph O. Skirboll, 
Herman Wobber, Robert S. Wolf, 
J. H. Hoffberg, Charles S. Goetz, Leo 
K. Justin, Harry F. Karasik, Joseph 
A. McConville, Eugene Meyers, Peter 
Seibel, Jules Levy, Harvey Day, Ed 
M. Saunders, Edward S. Gaylor, Ed- 
ward K. O'Shea and Charles Casa- 

Cole Links Texas Building Boom to Gov't Equity Suit 

Intimate in Character 
International in Scope 
Independent in Thought 

(See Column 4 below) 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

VOL. 76. NO. 80 



Neutrality Act Amendment Urged by MPTOA Board 


Mono. Boosting Budgets on 11 Pix in 1st-Run Drive 

$350,000 for "Rip Van Win- 
kle"; $100,000 More 
for Cooper Film 

Kansas City — Monogram will 
boost the negative cost on 11 top pix 
following a meeting of members of 
the company's Franchise Holders 
Advisory Committee here over the 
' week-end. 

Monogram will invest $350,000 in 
"Rip Van Winkle," shortly to go 
before the cameras; pix may have 
Jean Hersholt as Rip. An additional 
$100,000 will be poured into Jackie 
Cooper's current season's starrer. 

To be given 50 per cent boosts in 
I a drive for the U. S. first-run market 

(Continued on Page 4) 


Warners will cleave strictly to its 
1939-40 production budget and make 
no revisions in announced product 
for the season, it was asserted by 
Charlie Einfeld, national head of ad- 
vertising and publicity, upon his ar- 
rival in New York yesterday from 
the Coast. 

Purpose of his visit, he said, is to 

(Continued on Page 3) 

Studio Painters Defer 

Strike; Will Negotiate 

West Coast Bureau of THE FILM DAILY 
Los Angeles — An immediate strike 
of studio painters was averted when 
painters deferred a strike vote and 
appointed a negotiations committee 
with full powers to act in the emer- 
(Continued on Page 3) 

Films for B.E.F. 

London (By Cable) — The boys of the 
second B.E.F. are going to see movies. 

Specially constructed van theaters, 
designed for service not only in rest 
areas but "up front," will be in opera- 
tion "somewhere in France" within two 
weeks. Exhibition hours, the enemy 
permitting, will be from noon to 2 
p.m. and from 6 to 9:30 p.m. 

Industry Leaders to Attend Masquers 9 

Dinner for Darryl F. Zanuck Tomorrow 

West Coast Bureau of THE FILM DAILY 
Hollywood — Among those who will attend Masquers Club Wednesday in honor 
of Darryl F. Zanuck are Joseph M. Schenck, Samuel Goldwyn, William Goetz, James 
Roosevelt, Mervyn LeRoy, Al Jolson, Charles Laughton, Jack Benny, Edgar Bergen, 
Orson Welles, Lucien Hubbard, Harry Joe Brown, William Koenig, Fred S. Meyer, 
Kenneth Macgowan, Lew Schreiber, Edward G. Robinson, John Ford, Raymond Griffith, 
Gene Fowler, Hy Gardner, Gregory Ratoff, Ken Murray, Tony Martin, Morton Downey, 
Edward Arnold, Mario Chamlee, Werner Janssen, Frank Forrest, Daliez Frantz, Larry 
Blake, Joe E. Brown. President William B. Davidson will preside. Edward Earl is 
chairman of the dinner committee. 


An involuntary petition in bank- 
ruptcy was filed yesterday against 
Grand National Pictures, Inc., by 
three creditors who charged the com- 
pany with concealing or transferring 
assets, and with making preferential 
payments. The petition, as is custo- 
mary, did not set forth the extent of 
the company's assets or liabilities. 

Petitioning creditors were Hap 

(Continued on Page 3) 

Court Declares Mistrial 

in Blythe vs. Loew Suit 

Charlotte, N. C. — Presiding Judge 
E. Y. Webb yesterday ordered a mis- 
trial in the $250,000 copyright in- 
fringement suit of Legette Blythe 
against Loew's, after being informed 
(Continued on Page 9) 

Indianapolis — In a resolution 
unanimously adopted by the Asso- 
ciated Theater Owners of Indiana in 
session here yesterday, Paramount 
was requested to withdraw Bing 
Crosby, Burns and Allen and Jack 
Benny from radio programs. 

Another resolution adopted by the 
association and sent to other pro- 

(Continued on Page 9) 

Suggest British Government 
Loan for Picture Production 

London (By Cable) — A scheme 
whereby the British Government 
would set aside a certain proportion 
of the tax on amusements for the 
financing of British film production, 

{Continued on Page 9) 

MPTOA Would Exempt Shipments 
of Pix from Neutrality Act Provision 

Sue St. Louis Operator 

Officials Over Picketing 

St. Louis — Suits to restrain pick- 
eting at the Fox Theater, a St. Louis 
de luxer, and seven neighborhood 
theaters in St. Louis and St. Louis 
County, were filed yesterday in St. 
Louis County Circuit Court at Clay- 

(Continued on Page 4) 

White Sulphur Springs, W. Va. — 
An amendment to the Administra- 
tion's Neutrality Act which would 
exempt the shipment of motion pic- 
tures was advocated by the MPTOA 
board of directors in session here 
last night. 

Under the proposed law a shipper 
of merchandise to a belligerent na- 
tion would forfeit all rights to the 

(Continued on Page 11) 

Bureaus Will Be Set Up by 

Each Unit; Rodgers 

Speaks Today 

FILM DAILY Staff Writer 

White Sulphur Springs, W. 
Va. — Creation of public speak- 
ing bureaus, designed to combat 
adverse publicity against the indus- 
try, was among the issues decided 
at the MPTOA board of directors' 
meeting here yesterday. The bu- 
reaus are to be set up by each unit 
which will recruit speakers who will 
address clubs, civic organizations 
and other groups in each territory 
where an MPTOA unit functions. 

In a session which lasted four 
hours yesterday afternoon and then 
resumed at 8:30 last night, the or- 

(Continued on Page 9) 


Pittsburgh — Texas leads in the 
construction of new theaters since 
the institution of the Government's 
equity suit against the majors due 
to the fact that exhibs. are now 
able to get product, Col. H. A. Cole, 
president of national Allied, told the 
convention of the MPTO of West- 

(Continned on Page 4) 

J. M. Schine and Si Fabian, 
Mills Luncheon Speakers 

Albany — Speakers for the Bernie 
Mills testimonial luncheon, to be 
held at the Ten Eyck Hotel next 
Monday, were announced by the Film 

(Continued on Page 4) 

Pix Issues Up 

With Warners preferred leading the 
procession, advancing four points to 
close at 47, amusement issues generally 
on the Big Board were stronger yester- 
day. Eastman Kodak common and Uni- 
versal preferred went up 2'/i points each, 
closing at 163 and 70, respectively only 
issue to show a minus sign was 20th- 
Fox's preferred, off Vs. 


Vol. 76, No. 80 Tues., Oct. 24, 1939 10 Cents 



DONALD M. MERSEREAU : General Manager 
CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
hy Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00 j 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118. 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St., 
W. I. PARIS— P. A. Harle, La Cinematog- 
raphic Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo, 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico, 
D F. BUENOS AIRES— Chas de Cruz, 
Heraldo Del Cinematografista, Corrientes 1309. 

_ n 

f inanciRL 



Close Chg. 

12% + Vi 
7% + V4 


18'/ 2 




33 1/ 8 

9% 4 1/4 
163 + 2i/ 2 
161 + 1 

121/2 + % 

345/ 8 + 1% 

8% + % 

81% + 1% 

91/s + Va 

11% + % 

1% + % 

+ % 

- % 

+ 21/z 



+ 4 


Am. Seat 123/ s 

Col. Picts. vtc. (2i/ 2 %)7% 
Columbia Picts. pfd. 19 

Con. Fm. Ind 1 V4 

Con. Fm. Ind. pfd.. 9% 

East. Kodak 163 1 

do pfd 161% 1 

Cen. Th. Eq 12i/ 2 

Loew's, Inc 34% 

do pfd 

Paramount 8% 7% 

Paramount 1st pfd.. 81% 80% 
Paramount 2nd pfd.. 9% 9% 

Pathe Film ll'/ 4 10% 

RKO 1% 1% 

20th Century-Fox .. 14l/ 4 13% 
20th Century-Fox pfd. 23% 23% 

Univ. Pict. pfd 70 69 

Warner Bros 4V4 4 

do pfd 49 44% 


Keih F. B. ref. 6s46 

Loew's deb. 3%s46.. 99% 99 99 — % 
Para. B'way 3s55 . . 47% 47% 47% + % 

Para. Picts. 6s55 

Para. Picts. cv. 3i/ 4 s47 82 82 82+1 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.'dbs. 6s48 80 80 80 + % 


Monogram Picts 

Sonotone Corp 

Technicolor 12i/ 4 12 12i/ 4 + % 

Trans-Lux 1 1/4 1 1/4 1 1/4 


Bid Asked 

Pathe Film 7 pfd 100% 

Fox Thea. Office Bldg. 1st '46 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45 63 66 
Roxy Thea. Bldg. 4s 1st '57 60 62 



of Every Possible Description 
Conveniently Catalogued 


BRYANT 9-5600 

Native Fix Fail to Hurt 

U. S. Films in Philippines 

American pix, now dominant in 
the Philippine market, will retain 
that status, sharing popularity only 
with native product, although the 
latter presents no serious competi- 
tion, Severo Tuason, prominent Ma- 
nila exhibitor, told The Film Daily 
at the week-end before he left for 
the Coast and Manila. 

Tuason expressed fear that the na- 
tive industry may be hurt through 
excessive taxation. He sees the war 
improving business conditions and 
bringing increased attendance. 

Warner, Paramount, 20th-Fox and 
Universal product are used by Tua- 
son in his first-run Manila houses. 
Native producers turned out approxi- 
mately 30 pictures last year, and an 
increase is expected. 

Zane Grey, Author of Many 
Filmed Novels, Dies at 64 

Altadena, Cal. — Zane Grey, 64, 
whose novels supplied stories for 
many action pictures, died suddenly 
yesterday from coronary thrombosis. 

Grey was one of the most success- 
ful novelists of the West and for 
years his name in the author credits 
of a picture has made a definite box 
office impression. He was widely 
known as a deep-sea fisherman and 
produced several series of short sub- 
jects on these activities. 

West Coast Bureau of THE FILM DAILY 

Hollywood — Out of respect to the 
memory of Zane Grey, author of "The 
Light of Western Stars," who died 
yesterday, Harry Sherman's com- 
pany producing that picture on lo- 
cation at Newhall stopped work on 
the film at 3 o'clock yesterday for a 
short time. 

Two Detroit Unions Renew 
Pacts on One-Year Basis 

Detroit — Local 5, International 
Association of Operating Engineers, 
has renewed contract for one year 
with United Detroit Theaters. Pact 
is retroactive to Sept. 1. Contracts 
have also been renewed with the 
Fox, Eastown, Hollywood, and RKO 
Uptown theaters. No changes were 
made in wages or working condi- 
tions, according to M. McCusker, 
business agent of the local. 

Stagehands' Local 38, IATSE, has 
also completed renewal of contracts 
for all theaters employing stage- 
hands, according to Ed King, busi- 
ness agent, and made no change in 
either hours or working conditions. 
Only significant change here was the 
shift from two to one year contract 
this time, inasmuch as uncertainty 
of war conditions made longer com- 
mitments undesirable, according to 

British Theaters Selling 

Candy Need War Licenses 

London (By Cable) — Film theaters 
selling candy to patrons are now 
under war-time licensing. 


Tuesday, October 24, 1939 

20th-Fox Asks Slashed 

N. Y. City Assessments 

20th Century-Fox Film Corp., Inc., 
yesterday filed a writ in the New 
York Supreme Court against the Tax 
Commission of New York City de- 
manding a reduction on assessments 
on three buildings owned by the cor- 
poration in New York City. 

The buildings which are subject 
of the suit are 452 West 54th St., 
assessed at $330,000; 830 Tenth Ave., 
assessed at $815,000, and 434 West 
56th St., assessed at $445,000. 

Petitioner' claims excessive assess- 
ment of $215,000 for 1939-40 for the 
three buildings. 

Supreme Court Justice Julius Mil- 
ler directed filing of a return by the 
Commission on Dec. 4. 


Seeks Consolidation 
of 5 Stockholders Suits 

Application will be heard tomor- 
row on papers filed yesterday by Co- 
lumbia Pictures, Inc., in the New 
York Supreme Court which ask for 
an order consolidating five stock- 
holder actions against Columbia and 
for a stay of proceedings until con- 
solidation is granted. 

The plaintiffs charge excessive sal- 
aries and bonuses and the illegal is- 
suance of purchase warrants to of- 
ficers of the company. 

Montague Flying to Europe 
on Coverage for Para. News 

W. P. Montague, Paramount News' 
assignment editor, left New York 
yesterday on the Dixie Clipper 
bound for Lisbon, Portugal, which 
will be the first stop on his projected 
trip to all the European capitals. 

While abroad, Montague will make 
a general survey of war conditions 
and confer with organization's vari- 
ous representatives anent intensive 
coverage of the current war. 

He is expected to remain overseas 
for about a month. 

Settle Erpi-GTPC Suits 

Litigation, extending over a period 
of more than seven years, involving 
Erpi and the Schlesinger-controlled 
General Talking Pictures Corp., 
which included patent, anti-trust and 
damage suits, has been settled, ac- 
cording to an announcement made 
by T. K. Stevenson, Erpi prexy. No 
damage payments were made. Cer- 
tain expenses of the litigation were 
apportioned and the only payment 
made was by the way of adjustment 
of such expenses. 

Ned Holmes Funeral Held 

West Coast Bureau of THE FILM DAILY 

Hollywood — Ned Holmes, who has 
been in show and picture business for 
40 years, and for past three years 
with Warners as its Coast exploita- 
tion man, died of heart attack Fri- 
day night. Masonic funeral services 
was held at Leroy Bagley Mortuary 

cominc firiD goiiic 

NICHOLAS M. SCHENCK returned from the 
Coast yesterday after a 10-day stay on busi- 

WILLIAM F. RODGERS, Metro distribution 
head, left for White Sulphur Springs la •"■tight 
to attend the MPTOA conclave, retunatj to 
New York this week-end or the first part of 
next week. 

WILLIAM A. SCULLY, Universal's general 
manager of distribution, returns to New York 
today from Nashville and other southern cities. 

NORMAN H. MORAY, Vitaphone sales man- 
ager, left last night for a tour of the Warner 
Midwest branches. 

F. J. A. McCarthy, eastern sales manager 
for Universal, returns today from a southern 
trip on business. 

BEN KALMENSON, Warner's Western and 
Southern sales manager, is on a tour of the 
company's Western and Midwestern branches. 

LEO ABRAMS, short subject sales manager 
for "U", left the home office yesterday to visit 
the Philly and Washington territories. 

JOSEPH BERNHARD, Warner theater's chief- 
tain, is in Chicago for a meeting of the chain's 
theater execs. He is accompanied by HARRY 
GOLDBERG, theater publicity head. They hold 
a meeting tomorrow in Milwaukee and then 
return to New York. 

ROY DISNEY has arrived in New York from 
the Coast. 

DR. A. H. GIANNINI and his family have 
arrived from Hollywood. 

WILLIAM J. HEINEMAN, Western sales man- 
ager for Universal, returns to the home office 
today from organization meetings in several 
Midwestern cities. 

TIM WHELAN, director, has left Washington 
for Hollywood. 

W. RAY JOHNSTON, Monogram president, 
has returned from Kansas City. 

EDDIE GOLDEN, Monogram vice-prexy, is in 

GEORGE W. WEEKS, Monogram sales chief- 
tain, arrives in Oklahoma City today. 

W. P. MONTAGUE, assignment editor of 
Paramount Newsreel, left New York yesterday 
via the Dixie Clipper for a month's trip to a 
number of European capitals. 

DAVID NIVEN arrived by plane yesterday 
from the Coast. 

BOB BURNS and his wife have arrived here 
after a week's stay in Chicago. 

ANN RUTHERFORD, Metro player, arrives 
in New York Thursday to begin a p.a. tour in 
Loew houses. 

BEATRICE LILLIE has deferred her scheduled 
trip to New York and is remaining in London 

ANN SHERIDAN arrived on the Coast yes- 
terday from Chicago, cancelling the remainder 
of her p.a. tour in order to start work in a 
new Warner picture. 

ARTHUR LEVEY, London representative of 
Monogram, has arrived here on business. 

JOHN C. WILSON, producer, has returned 
from England. 

ANNA STAFFORD, wife of Orson Welles, and 
GERALDINE FITZGERALD, have arrived from 

Wage Cut is Restored 

Chicago — Theater Engineers Un- 
ion has obtained restoration of the 
5 per cent wage cut taken last year. 


"AN HILARIOUS SCUFFLE" — Atkinson, Times 
George Abbott presents 



By Richard Maibaum and Harry Clork 
Biltmore, W. 47 St. Evgs. 8:45. Mats. Wed. & Sat. 

U, Tuesday, October 24, 1939 




{Continued from Page 1) 

participate in conferences at the 
home office with Jack L. Warner, 
G: ') Sears and Mort Blumenstock 
in order to shape promotional plans 
and policies for a quartet of forth- 
coming "A" pix, namely, "The Roar- 
ing Twenties," "Private Lives of 
Elizabeth and Essex," "Four Wives" 
and "We Are Not Alone." 

The production situation at Bur- 
bank, he stated, is highly satisfac- 
tory both with respect to the "A" 
and "B" attractions. Regarding the 
"B's", Einfeld declared that Bryan 
Foy had completed seven of the 12 
announced, and accordingly the "B" 
forces at Burbank are currently on 
a pre-Christmas vacation. Produc- 
tion will be resumed about Dec. 15. 

Jack L. Warner, company's vice- 
president in charge of production, 
is expected to arrive back on the 
Coast from New York by Nov. 1. 

Einfeld, who was accompanied 
eastward by Mrs. Einfeld, will spend 
about two weeks at the home office. 

Studio Painters Defer 

Strike; Will Negotiate 

(Continued from Page 1) 

gency to confer with producers. Pro- 
ducers had rejected the painters' de- 
mands for a 15 per cent increase, 
asking that demands be withheld 
until Dec. 6 when producers will also 
confer with other crafts asking wage 

Film Carriers Meeting 

Chicago — The Film Carriers Divi- 
sion of the American Truck Associa- 
tion meets here today at the Stevens 

Wilcox Co.'s to Wind Up 

London (By Cable V — Liquidation 
meetings of Imperator Film Produc- 
tions, Ltd., and Herbert Wilcox Pro- 
j ductions, Ltd., will be held here 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 

Cilda Cray 
Arthur W. Stebbins 
Byron Morgan 
Dan J. Smolen 
Josef Zimanich 


with PHIL At. DALT; 

• • • THE proverbial Luck of the Irish has nothing a-tall 

on the luck of the Brothers Warner and of the exhibs. who will 

play "The Roaring Twenties" which goes out on national 

release on Saturday It's thiswise The Mark Hellinger story 

spans the decade-plus from 1918 to 1929 and thus would 

seem definitely "dated" as to time "Seem" is right for along 

comes Federal exposure of the largest bootleg racket "since 

prohibition" to point up on Page One the essential timeliness 

cf the Hellinger saga And if that is not enough there's the 

reiterated warning on the financial pages that a speculative 

boom tied to anticipate war profits holds the genesis of a 

market crash more menacing even than that which put this coun- 

ry through the wringer in 1929 

▼ T T 

• • • WARNERS' publicity department under fast- 

thinking Charlie Einf eld's guidance is moving swiftly to cash 

in with a national campaign to focus newspaper, maga- 
zine and radio attention on the tenth anniversary of the Oct. 

29 stock debacle The department is providing story 

material covering various highlights of the period which 

as Hellinger's foreword says is so fantastic in retrospect 

that the historians of another day will challenge its reality 

In fact, 10 years after we need "The Roaring Twenties" 

to remind us that not only could it happen here 

but it did and conceivably might again 

▼ ▼ T 

• • • TIME out at this point to extend Congrats to a 

threesome of real showmen Harold and T. Robb and Ed Rowley 

whose Robb & Rowley theaters are celebrating the thir- 
tieth anniversary Circuit which started with the open air Lyric 

now is definitely "big business" in West Texas its 110 theaters 

having some 600 employes on the payroll Since 1937, a 50 per 

cent interest in Robb & Rowley has been owned by United Artists 

Theaters which is officially represented in the setup by Lou 

Anger and George Reinhart Circuit's jamboree at Big Spring 

at the week-end attracted scores of industry affiliates 

T T T 

• • • QUITE a turnout at that cocktail party 

tendered to Arthur Levey, Monogram's London rep by 

George West, Mono, franchise holder, and Mrs. West at their 

penthouse apartment Sunday Among those present were 

Mrs. W. Ray Johnston, Arthur Silverstone, formerly general sales 
manager in Great Britain for United Artists, now assistant to 

Harry Gold, with Mrs. Silverstone Sybil Duse of London; 

Mrs. Edward A. Golden, Ruth Golden and her fiance Larry Wit- 
ten; Mr. and Mrs. G. Levey, Madeleine S. White, Mrs. Nellie Wit- 
ting Mr. and Mrs. Louis S. Lifton, Mr. and Mrs. W. Finkel- 

stein, Mr. and Mrs. Lou Guimond, Mr. and Mrs. M. Salomon, Shir- 
ley Salomon Blanche Wallace, Edith Maver, Mrs. W. B. Wolfe 

and the Messrs. Harry West, Lester Alden of the stage; Everett 
Roller, Al Gettler and Herman Kleinfeld. 

T T T 

• • • FRENCH pix, "Harvest," in its first three weeks at 

the 294-seat World Theater is credited with playing to approxi- 
mately 50,000 admissions This is the film which the New York 

film censors banned only to have the Regents reverse the de- 
cision So if you need a press agent you might bear the New 

York censor board in mind 


(Continued from Page 1) 

Hadley, 1560 Broadway, with alleged 
claims of $730; Passantino Printing 
Co., Inc., 250 West 49th St., $192.00, 
and Keystone Photo Engraving Corp., 
244 West 49th St., $272.00. 

The first charge stated that the 
company "with intent to hinder, de- 
lay or defraud creditors conveyed, 
transferred, concealed, removed or 
permitted to be concealed or re- 
moved, or set over unto said divers 
persons, whose names are unknown 
to your petitioners, valuable prop- 
erty, consisting of monies of the 
value of $5,000." 

The second charge stated that the 
company "while insolvent" transfer- 
red and conveyed property and money 
to E. W. Hammons and/or his rela- 
tives the sum of $3,000 with intent 
to prefer them over other creditors. 

Arthur V. Selig of 25 West 43rd 
St. is the attorney for the petition- 
ing creditors. 

GN can file an answer to the peti- 
tion, in which event the Court will 
set down the application for a hear- 

E. W. Hammons, en route to Wash- 
ington, was unable to be reached for 
a statement last night. 

Dwight Taylor Planning 

Series of Detective Pix 

West Coast Bureau of THE FILM DAILY 
Hollywood — Dwight Taylor, now 
writing "F.O.B. Detroit" for Para- 
mount, plans to enter the produc- 
tion field upon completion of his 
present assignment. 

He is negotiating with R. M. T. 
Scott for rights to "Murder Stalks 
the Mayor," story of a down-to- 
earth detective. If the deal goes 
through, Taylor plans to take op- 
tions on six short stories by Scott 
dealing with the same character and 
make a series of pictures. 

Taylor is also negotiating with 
Lester Mathews, currently playing 
the lead in Paramount's "Biscuit 
Eater," to play the lead in the series. 

May Delay Special Session 

Madison, Wis. — Indications are 
that the forthcoming special session 
of the legislature may be delayed un- 
til the state Supreme Court has ren- 
dered a decision in an action started 
by Atty. Gen. John E. Martin to 
force publication of a partially ve- 
toed old age pension act in the official 
state paper. 

$1,000,000 Budget Set 

West Coast Bur., THE FILM DAILY 
Hollywood — Hal Roach has set a $1,- 
000,000 budget for "1,000.000 B. C." 
which will mark D. W. Griffith's re- 
turn to film activity. Pix starts in 
early November. 



Tuesday, October 24, 1939 


(Continued from Page 1) 

are "His Father's Son" and "Son of 
the Navy," which feature Martin 
Spellman; "Under Northern Lights," 
operetta by Charles Wakefield Cad- 
man; "Haunted House," a horror pix 
to star Boris Karloff; "Queen of the 
Yukon," Jack London's novel; and 
"Freckles Comes Home," by Jean- 
nette Stratton Porter, and three 
Hugh Wiley Collier's Magazine mys- 
tery chillers starring Karloff. 

Additionally, Mono/s program now 
calls for "Dawn on the Great Divide," 
in Magnacolor; "Hoosier Schooldays" 
and "Tomboy," both with Marcia 
Mae Jones and Jackie Moran; four 
Tailspin Tommys, four Frankie 
Darros and four action mellers, first 
of which, "Heroes in Blue," will be 
released next week. 

Monogram's first Tex Ritter of 
the season, "Roll, Wagons, Roll," will 
be released shortly; another of the 
series of eight is completed. Jack 
Randall's special, "The Pioneers," is 
ready to shoot. First of two Mickey 
Balcon films, "The Phantom Strikes," 
will be released next month; second 
is set for December. Of the "Ren- 
frew" series starring James Newill, 
two are ready, one is being cut. 

Advisory Committee convening 
here included Ray Olmstead, Los 
Angeles; Steve Broidy, Boston; John 
Mangham, Atlanta, and Charles 
Trampe, Milwaukee. Committee met 
with W. Ray Johnston, president, 
Edward A. Golden, vice-president 
and George W. Weeks, sales man- 
ager, and, among other things, 
worked out plans for exploitation 
and release of "Mutiny in the Big 

Trem Carr, Monogram director, 
stopped off in Kansas City Sunday 
with Mrs. Carr for a few hours visit 
with Johnston, who flew back to New 
York. Golden departed for Chicago. 

Weeks remained for a conference 
today with Monogram distributors 
Forest Judd, Des Moines; Sol Fran- 
cis, Omaha; Lon Fidler, Denver. 
From Kansas City he will visit Okla- 
homa City and Dallas. 

Sue St. Louis Operator 

Officials Over Picketing 

{Continued from Page 1) 

ton by the Eden Theater Co., a Fan- 
chon & Marco service corporation, 
and the St. Louis Amusement Co. 

Named as defendants were Rob- 
ert Tomsen, president of M. P. Pro- 
jection Operators Local 143, seven 
other officers and 28 members of the 

The petition also asks that the de- 
fendants be held accountable for 
damages sustained by the plaintiffs 
"for unlawful acts of the defen- 

Lou Libson Dead 

Cincinnati — Lou Libson, brother of 
Isaac and Abe Libson, theater oper- 
aters, died suddenly of a heart at- 
tack at Keith's theater, where he 
was connected for a number of years. 


"Even Almost Ought to Err 
in So Doing" — Murphy 

Washington Bureau of THE FILM DAILY 

Washington — "All government 
ought to be helping industry to its 
feet" and "it even almost ought to 
err in that direction," according to 
Attorney General Frank Murphy. 

The Attorney General told news- 
papermen that at a recent depart- 
ment staff session he had suggested 
"the possibilities of the department's 
doing some public good." 

New Haven — Comparing the duties 
of the Anti-Trust Division to those 
of a referee, Thurman Arnold, As- 
sistant Attorney General, told a 
forum group at the Jewish Commun- 
ity Center that it was the business 
of the division he heads to see that 
legal privileges granted to groups 
in a highly organized society are 
not unreasonably used. He did not 
discuss pending film or other cases. 

Cleveland Variety Club 

Names Lefton as Barker 

Cleveland — Nat L. Lefton, Repub- 
lic franchise owner, was elected chief 
barker of the local Variety Club for 
the coming year, to succeed Nat 
Wolf, Warner zone manager. Other 
officers elected are "Duke" Clark, 
Paramount branch manager, first 
vice-president; Jerome Friedlander, 
attorney, second vice-president; I. 
J. Schmertz, 20th-Fox branch man- 
ager, and Frank Boyd, local repre- 
sentative for American Seating Co., 
were re-elected treasurer and secre- 
tary, respectively. 

This year, for the first time, club 
officers were chosen from a "crew," 
successor to the former board of di- 
rectors, instead of from the body at 
large. The crew consisted of Dave 
Miller, Universal district manager; 
Bert Stearn, United Artists district 
manager; A. M. Goodman, United 
Artists branch manager; "Duke" 
Clark, Paramount branch manager; 
Frank Boyd, American Seating Co. 
local sales representative; Jerome 
Friedlander, attorney; Nat L. Lef- 
ton, Republic franchise owner; Les- 
ter Zucker, Columbia branch mana- 
ger; I. J. Schmertz, 20th-Fox branch 
manager; Eddie Miller, manager of 
Warners' Hippodrome and Manny 
Landers, orchestra leader. 

Judell's Stepmother Dead 

Milwaukee, Wis. — Mrs. Rose Jud- 
ell, 74, stepmother of B. N. Judell, 
Hollywood producer, is dead here. 

J. M. Schine and Si Fabian, 
Mills Luncheon Speakers 

(.Continued from Page \) 

Row committee. Mills was Republic 
branch manager in Albany, working 
in conjunction with Jack Berkowitz, 
who had the Buffalo and Albany 
franchise for the past few years. 

J. Meyer Schine, Gloversville ; Si 
Fabian, New York; Mike Kallet of 
the Kallet Circuit; Moe Silver, War- 
ner Brothers zone manager; Lou 
Golding, Fabian district manager, 
and Bill Smalley of the Smalley Cir- 
cut, will be the speakers. 

Bernie Kranze, RKO branch man- 
ager here, will be toastmaster, accord- 
ing to Artie Newmann, new Republic 
manager, who is chairman. New- 
mann is assisted by Clayton East- 
man, Paramount branch manager, 
who is co-chairman; George Jeffries, 
Universal, secretary and Dick Hayes, 
Paramount, treasurer. 

Mills and Berkowitz are now as- 
sociated in Standard Pictures Co., 

Hollywood Studios Send 
1 1 More Pix Before Cameras 

West Coast Bureau of THE FILM DAILY 

Hollywood — Eleven new pictures 
will go into work this week. 

At Columbia: A Charles Starrett 

At M-G-M: "Lover Come Back to 
Me," co-starring Jeanette MacDon- 
ald and Nelson Eddy. "Congo Mai- 
sie" with Ann Sothern and John 

At Paramount: "Buck Benny Rides 
Again," Starring Jack Benny. 

At RKO: "The Marines Fly High," 
starring Richard Dix. 

At 20th Century-Fox: "Earth- 

At Warners: "Virginia City," 
Technicolor special starring Errol 
Flynn and Miriam Hopkins with Ran- 
dolph Scott, Brenda Marshall and 
Frank McHugh. 

At Wanger's "House Across the 
Bay," starring Joan Bennett. 

At Republic: "South of the Bor- 
der," next Gene Autry, and "The 
Narrow Path," with Charles Bick- 

At Monogram: Edward Finney 
puts "Under Western Stars," star- 
ring Tex Ritter, into work. 

Dies at Uncle's Funeral 

Scottsburg, Ind. — William L. Luck- 
ett, 36, who assisted his father in the 
operation of a chain of theaters in 
Southern Indiana, died of a heart 
attack at French Lick Springs, Ind., 
while attending funeral services 
there for an uncle. 

B. & K. Ass'n to Elect 

Chicago — B. & K. Employes As- 
sociation elects officers Thursday. 

Five Beer Bottle Caps as Film Admission 

Stevens Point, Wis. — Stevens Point Beverage Co. has hooked up with the Fox 
Theater here whereby each Saturday for the next five weeks five bottle caps from either 
of two brands of beer brewed by the company will admit persons to a 10 o'clock 
matinee at the theater. 


(.Continued from Page 1) 

em Pennsylvania here yesterday. 

Assailing monopoly in the film in- 
dustry, Cole called for its deduc- 
tion, coupling with this a pl& a t; or 
passage of the Neely bill whic-h/he 
said, would create competition in 
selling and enable more theaters to 
be built and thus create additional 

Col. Cole told his audience of 128 
showmen and guests that no spot in 
the county is over-seated if product 
can be secured, and he asserted that 
there are opportunities in every 
town for additional houses. 

First business session followed a 
noon luncheon. Prexy M. A. Rosen- 
berg, who announced he was not a 
candidate for re-election, introduced 
Sidney Samuelson, executive secre- 
tary of Allied Theater Owners of 
Eastern Pennsylvania, as the first 
speaker. Samuelson gave a pledge 
of unit co-operation, praised the 
Western Pennsylvania organization's 
accomplishments, and paid a tribute 
to the leadership of Abram F. Myers, 
Allied board chairman. 

Fred J. Herrington, secretary, 
presented a legislative resume. 

Delegation of ITO of West Vir- 
ginia is attending the sessions, which 
will continue today. Dinner was 
held last night after which the con- 
ventioneers saw Para.'s "Disputed 
Passage" and "Seventeen" at a mid- 
night screening at the State. 

Subpoena Tax Records 

of Lazarus Theaters 

New Orleans — Tax records of the 
Henry Lazarus Theaters, Inc., which 
operated the Center, a downtown 
house, and the Coliseum, a nabe 
house, were subpoenaed by a three- 
judge criminal court in New Or- 
leans Friday in connection with an 
alleged "tax assessment reduction 

The books of the theater corpora- 
tion were ordered brought into the 
open hearing, which is being held on 
charges of incompetency in office 
brought against the New Orleans 
District Attorney Charles Byrne, by 
seven members of the parish Grand 

Attorneys for the grand jurors 
who brought the charges of incom- 
petency against the district attorney, 
claim the firms paid 50 per cent of 
the amount of the tax reduced to 
persons securing the reduction. 

Dreifuss Joins Argus 

West Coast Bureau of THE FILM DAILY 
Hollywood — -Arthur Dreifuss hav- 
ing finished his producer-director as- 
signment with Columbia, joins Argus 
Pictures, Inc., new New York outfit 
which plans to make six all-negro 
features for distribution through the 
Goldberg exchanges. Dixon Harwin, 
president of Argus, has set up head- 
quarters at Talisman Studios. 

Argus plans a series of white ac- 
tion features early next year. 




Watch NOVEMBER 10th 

A Deanna grown to young lady- 
loveliness • • . to mean romantically 
more . . . to her fans and to you! 




Deanna DURBIN 



with Helen Parrish • Robert Stack 
Eugene Pallette • Lewis Howard 
June Storey • Leatrice Joy 
Marcia Mae Jones 'Charles Coleman 

Directed by Henry Koster 

Produced by Joe Pasternak 



. ... . s. -_. ...::~-J^ ... — -— 


Jtiistory dubbed this hunch-back^ 
plotter** A monster in silks!" 



... #" 





royal thug, blood- 
brother to the devil himself, 
who laid the loyalty of men, 
the love of women low, that 
he might work his twisted 
plans to horrible perfection! 





)N the story of this diabolical, misshapen figure, the screen 
presents a spectacle of unequalled magnitude... the wide-swept 
furies of a nation driven to maniacal revolt . . . the shadow of 
a bestial-faced executioner... a populace screaming for revenge! 


NIVERSAL presents 



OCT. 27th 




'»■> — f 



Critics, fans, young and old— 
You'll find them all Sandy-sold! 


LIFE looks 

and all 
America falls 
in love with 






Original screenplay by Paul Yawitz and Eve Green 
Developed from the play by Floyd Dell & Thomas Mitchell 
Produced and directed by CHARLES LAMONT 

OCT. 27th 

Tuesday, October 24, 1939 



(Continued from Page 1) 

ganization's board delved into prob- 
lems of both local and national sig- 
nifi ce. Labor and legislation were 
the . t . rincipal issues considered but 
no decision on any particular point 
was reached. The meetings yester- 
day and last night laid the ground- 
work for matters which will get of- 
ficial recognition and disposal today. 

Organization leaders declined to 
comment extensively on what took 
place. The press was barred from 
the meeting. 

Trade practices are expected to 
highlight today's meetings, with W. 
F. Rodgers, M-G-M general sales 
manager, slated to address the dele- 
gates. Rodgers is due here this 

While it had been planned origin- 
ally to hold meetings only in the af- 
ternoon, it was decided to hold both 
morning and afternoon sessions to- 
day so that the many problems can 
be discussed. Golf, which held the 
attention of practically every direc- 
tor yesterday morning, will be dis- 
pensed with today and those who 
want to play were advised to stay 
over an extra day. 

Attending yesterday's meeting 
were the following officers: Ed Kuy- 
kendall, Columbus, Miss., president; 
Mitchell Wolfson, Miami, vice-presi- 
dent; A. Julian Brylawski, Washing- 
ton, vice-president; Morris Loew en- 
stein, Oklahoma City, secretary; Fred 
Wehrenberg, St. Louis, chairman of 
the board. 

Directors present included William 
Benton, Saratoga Springs, N. Y.; 
Frank Cassil, St. Joseph, Mo.; H. V. 
Harvey, San Francisco; A. C. Hay- 
man, Buffalo; Sol Hyman, West Vir- 
ginia; O. C. Lam, Rome, Ga.; Arthur 
Lockwood, Middletown, Conn.; Ben- 
jamin Pitts, Fredericksburg, Va.; 
Lewen Pizor, Philadelphia; Roy 
Walker, Lampasas, Tex.; Charles 
Williams, Omaha; R. X. Williams, 
Oxford, Miss.; Lyle Milson, Roanoke 
Rapids, N. C; J. J. Dennison, Mon- 
roe, Mich., who represented E. C. 
Beatty for the Butterfield Circuit, 
and David Palfreyman, representing 
the MPPDA. 


A five-and-a-half pound boy was 
born on Sunday night in Woman's 
Hospital here to Sylvia Sidney, film 
star, who is the wife of Luther Ad- 
ler, actor. 

Detroit — Harold Morrison, Colum- 
bia shipper, is the father of an 
eight-pound boy, his first. 

Dugger, Ind. — Harry Douglas, op- 
erator of the Cozy Theater here, is 
the father of a newly born son, Paul 
David, born in the Sherman Hospital, 
Sullivan, Ind. 

Pix, Projectors a» "Implements ot Wmr" 

Montreal — films *nd projectors hav« become "implements of war" her*, with 
Canada's new soldiers going to the movies for instruction. A start already has been 
■ad* with the 1st lattalion, The Black Watch (Royal Highlanders Regiment) of Canada 
and for the next two nights, L« Regiment de Maisonneuve will see the films, mad* la 
Britain and sent to Canada by the War Office. Military headquarters her* hav* ap- 
plied for more projector*. Thar* is only one in the district with the result that *tch 
ualt ha* to await It* turn to see the films. 

Indiana ATO is Against 

Film Stars on the Air 

(Continued from Page 1) 

ducers was to keep motion picture 
stars off the air. 

Abram F. Myers, Allied's general 
counsel, was the principal speaker 
at the afternoon session. He spoke 
of the solidity of independent theater 
operators, the retrenchment in Hol- 
lywood and the expansion of the 
South American markets. Percent- 
age pictures was one of the things 
brought up for discussion. 

Myers warned exhibitors to be 
ready financially and socially for 
television. He also said that if 
friendly co-operation existed between 
exhibitor and producer there would 
be no need of a Code for the indus- 
try. He severely criticized the use 
of motion picture stars on the air 
and declared it a detriment to the 

Among subjects discussed at the 
meeting were: The product situa- 
tion, prices and terms being demand- 
ed; the efforts, if any, being made 
to circumvent the reforms volun- 
tarily assumed by certain major 
companies; the nature and adequacy 
or inadequacy of the concessions vol- 
untarily made by companies and the 
steps to be taken to secure a larger 
measure of relief; growing competi- 
tion; 16 mm shows; and itinerant 
shows and carnivals and measures 
taken to combat them. 

Preceding the session, directors 
were elected for the coming year for 
the five districts in Indiana. Reports 
from the various committees were 

Universal to Send Out 

Seven In Next 3 Weeks 

Universal during the next three 
weeks will nationally release a group 
of seven features, climaxing the 
Exhibitor - Sponsored Testimonial 
drive which ends Oct. 31. 

In order of release date they are 
"Little Accident," starring Baby 
Sandy and Hugh Herbert, and 
"Tower of London," starring Basil 
Rathbone; new version of "The Road 
Back"; "Call a Messenger," with the 
Little Tough Guys; and "Legion of 
Lost Fliers," starring Richard Arlen 
and Andy Devine, Nov. 3; "First 
Love," the new Deanna Durbin pix, 
and "One Hour to Live," with 
Charles Bickford and Doris Nolan 
will go to the trade on Nov. 10. 

Mrs. G. S. Gaultakos Dead 

St. Petersburg, Fla.— Mrs. George 
S. Gaultakos, 52, wife of the man- 
aging director of United Amusement 
Corp. of Montreal, is dead here. Be- 
sides her husband, she leaves a son, 
John, also associated with UAC, and 
a daughter. 

Suggest British Government 
Loan for Picture Production 

(Continued from Page 1) 

recently suggested to Sir Joseph 
Ball by Stephen L. Courtauld, Reg- 
inald P. Baker and Michael Balcon, 
is reported receiving serious official 

The proposal embodies a loan up 
to 60 per cent of the total negative 
cost of production from the sum set 
aside from amusement taxes for the 
purpose. The loan would be a first 
lien, repayable from the films' gross 
and would bear a low rate of inter- 
est. Such government loans to the 
industry would take the place of the 
"subsidy" that has been under dis- 
cussion in trade circles and would 
last until the end of hostilities, as- 
suring the government of entertain- 
ment for its troops and for commu- 
nities where there is no clash with 
normal commercial exhibition. 

Proponents of the scheme believe 
that it would offer serious induce- 
ment to British players now in Hol- 
lywood to return home, "helping to 
reintigrate production personnels" 
already gravely depleted by virtual 
suspension of the Quota Act. 

A Central Administrative Council 
would decide on the number of pic- 
tures to be produced, examine the 
producing companies which desired 
to participate in the scheme and, 
having approved certain firms, ap- 
portion the films. Participants would 
bind themselves to a co-operative 
system of production. Maximum 
and minimum production costs would 
be stipulated by the Council. 

Court Declares Mistrial 

in Blythe vs. Loew Suit 

(Continued from Page 1) 

a juror was ill and therefore the 
jury was unable to report. The jury 
was dismissed. 

Court attaches here explained 
Judge Webb might decide the case 
later on the basis of evidence pre- 
sented in the trial which began Oct. 
10, and that a new trial would not 
be imperative. Judge Webb opened 
Federal District Court at Statesville 

The jury retired for deliberation 
Friday after seeing a third screening 
of the M-G-M short, "The Bravest of 
the Brave," which Legette Blythe, 
plaintiff in the action, contends was 
based in part on original material 
contained in his book, "Marshal Ney: 
a Dual Life." The defense contends 
that no use whatever was made of 
the book or any of its contents in the 
production of the picture. 

It's "Vision of Verdun" 

"Vision of Verdun" is the title Ar- 
thur Mayer and Joseph Burstyn have 
chosen for the new French film, 


White Sulphur Springs, W. Va. — 
Apparently unopposed, Ed Kuyken- 
dall is slated to be re-elected presi- 
dent of the 
MPTOA at: 
the directors' 
meeting here j 
today. From j 
all i n d i c a - \ 
tions, all oth- 
er officers, | 
with perhaps 
one excep- 
tion, will be 
returned t o 
their posts. 

Walker was 
named gen- 
eral counsel 

yesterday to succeed Ed Levy who 
resigned several months ago. George 
Aaron, counsel for the Philadelphia 
unit, was appointed assistant to 

Leonard Goldenson was delegated 
by Publix to represent the circuit on 
the board, filling the vacancy left by 
Y. Frank Freeman when the latter 
was shifted to the studios. 


Schram-Goldberg Launch 

New Circuit in Detroit 

Detroit — Formation of a new cir- 
cuit is announced by a spokesman 
for Wesley Schram and Louis Gold- 
berg, who now operate the New Bijou 
and Columbia, downtown theaters. 
They are already taking over the 
Echo, north end house, from M. Rob- 
bins, and plan to spend $10,000 at 
once in remodelling. 

According to statement to The 
Film Daily, the new circuit will ac- 
quire about ten to twelve houses 
within the next few months, operat- 
ing in both the neighborhood and the 
grind classes. 

John Francavilla Elected 

Election of officers of Local 702, 
lab. technicians union, at the week- 
end saw all incumbents returned to 
office with one exception. John Fran- 
cavilla was elected first vice-presi- 
dent in a close contest with Lloyd 
Frank, who was running for re- 
election. John Rugge, and William 
Vermont, president and secretary- 
treasurer, respectively, were unop- 
posed to succeed themselves. 


Indianapolis — Estelle Nale, secre- 
tary to Roy Churchill, manager, 
RKO-Radio branch, will marry Bert 
Nelson Saturday. The wedding will 
take place in Camby. 

Cincinnati — Warner's Harry 
Brinkman will marry Miss Ruth 
Sears, Nov. 11. 

Waldron, Ark. — Aylene Tate and 
Maurice Farmer, operator of the 
Pines Theater, were married here. 




Tuesday, October 24, 193$ j 

-ct ff Reviews of thc new fiLms #• * 

"Allegheny Uprising" 

with Claire Trevor, John Wayne, 

George Sanders 

RKO Radio 81 Mins 



The new locale — Western Pennsylvania 
in 1759 — furnishes the background for this 
stirring, action offering. William A. Seiter 
has provided strong, vigorous direction in 
his picturization of Neil H. Swanson's fac- 
tual story "The First Rebel." To J. P. 
Wolfson goes credit as associate producer 
and for writing a gripping screenplay. Claire 
Trevor and John Wayne deliver fine per- 
formances, the former as the brave fiery- 
tempered daughter of the frontier, and 
the latter as the stalwart leader of the 
settlers who fought Indians and crooked 
Indian traders. Outstanding is the work 
of Wilfrid Lawson, as the Indian scout 
and teller of tall stories. Brian Donlevy 
does his usual effective work as a crooked 
Indian trader, while John F. Hamilton gives 
an excellent performance as a professor. 
George Sanders is convincing as the British 
officer and other principals include Robert 
Barrat, Moroni Olsen, Chill Wills, Ian 
Wolfe, Olaf Hytten. Nicholas Musuraca's 
camera work is effective. When Indians 
attack a settlement of whites, Wayne and 
his men, made up as Indians, attack and 
dispose of the real Indians. Wayne in- 
forms the British authorities that the 
traders are supplying the Indians with rum 
and munitions and a proclamation is issued 
prohibiting trade with the Redskins. How- 
ever, Donlevy gets around the order by 
persuading army clerks to issue military 
permits to him, and Sanders, British of- 
ficer, does not realize his supply trains 
are also carrying liquors and munitions to 
be delivered to Indians. In a surprise 
attack, Wayne and eight other settlers 
capture the fort kept by the British and 
which holds some of the other illegal sup- 
plies. A little later Donlevy murders Olsen, 
Wayne's friend, and has Wayne tried for 
the slaying. The trial comes to an abrupt 
end when General Gage (Olaf Hytten) 
who has learned the true story, arrives and 
orders Donlevy's arrest. 

CAST: Claire Trevor, John Wayne, George 
Sanders, Brian Donlevy, Wilfrid Lawson, 
Robert Barrat, John F. Hamilton, Moroni 
Olsen, Eddie Quillan, Chill Wills, Ian Wolfe, 
Wallis Clark, Monte Montague, Olaf Hytten, 
Eddie Waller, Clay Clement. 

CREDITS: Pandro S. Berman in Charge 
of Production; Producer, P. J. Wolfson; 
Director, William A. Seiter; Based on fac- 
tual story "The First Rebel" by Neil H. 
Swanson; Screenplay, P. J. Wolfson; Cam- 
eraman, Nicholas Musuraca, ASC; Art Di- 
rector, Van Nest Polglase; Associate, Al- 
bert D'Agostino; Dance Director, David 
Robel; Musical Director, Anthony Collins; 
Editor, George Crone; Sound, Earl A. 

PHY, Very Good. 

Jack Lykes' Father Dead 

Cleveland — Charles Lykes, 63, 
father of Jack Lykes, manager of 
Loew's Stillman theater, is dead in 

"On Your Toes" 

with Zorina, Eddie Albert, Alan Hale 
Warners 94 Mins. 


The Rodgers and Hart stage success of 
a few seasons back has been faithfully 
reproduced by Warners, with all the mad 
antics and tuneful music of the show in- 
tact, and embellished by the charm and 
grace of the incomparable Zorina. In addi- 
tion to this, the picture has been endowed 
with a fine supporting cast. All in all it 
makes solid entertainment for any type 
of audience. Too much can't be said 
about Zorina, who photographs beautifully, 
acts in a demure and charming fashion and 
dances with superlative artistry. Included 
in the supporting cast, in addition to 
Eddie Aibert, who turns in a bang-up per- 
formance opposite Zorina, are such tal- 
ented performers as Alan Hale, Leonid 
Kinsky, Erik Rhodes, James Gleason, Quee- 
nie Smith and Gloria Dickson. The produc- 
tion numbers in the film are outstanding 
and the dance numbers have been handled 
deftly by George Balanchine. Ray Enright 
directs the film smoothly and maintains 
an even pace throughout. In molding the 
film as a straight comedy, for expediency's 
sake some of the singing interludes in the 
original show were dispensed with, but 
the music of the show has been kept in- 
tact. Albert abandons his family's vaude- 
ville act to be a composer, and becomes 
involved with a Russian ballet troupe whose 
prima ballerina is Zorina. An accident 
occurs to a member of the troupe and 
Eddie is pressed into service, but he ruins 
the act. However, the critics hail his 
blunder as a new technique and the troupe 
becomes famous. Eddie, however, disap- 
pears when he believes he has embar- 
rassed everybody by his mistake, but shows 
up in time to replace the maitre de ballet, 
opposite Zorina, in a new appearance for 
the troupe when that gentleman breaks 
his ankle. The jealous impresario tries to 
murder Eddie, but is foiled, and he and 
Zorina are happily reunited. 

CAST: Zorina, Eddie Albert, James Glea- 
son, Alan Hale, Frank McHugh, Leonid 
Kinjky, Gloria Dickson, Queenie Smith, Erik 
Rhodes, Berton Churchill, Sarita Wooten, 
Donald O'Connor. 

CREDITS: Produced by Warner Bros.; 
Director, Ray Enright; Screenplay, Jerry 
Wald and Richard Macaulay; Based on the 
Richard Rodgers-Lorenz Hart show, "On 
Your Toes"; Cameraman, James Wong 
Howe; Editor, Clarence Kolster. 


"Futurama" as Col. Short 
Sans General Motors Plug 

Columbia will release a one-reel 
special short dealing with the "Fu- 
turama" which Norman Bel Geddes 
designed for General Motors exhi- 
bition at the New York World's Fair. 
Film titled, "The World of 1960," 
was produced by B. K. Blake. The 
film is said to contain no reference 
to the General Motors exhibit and, 
it is added, was placed in production 
as a straight audience attraction. 

"Desperate Trails" 

with Johnny Mack Brown, Bob Baker, 

Fuzzy Knight 

Universal 58 Mins. 


Combining comedy with action in large 
portions, this new Universal shoot-em-up 
should please the cowboy fans no end. 
At times, it comes suspiciously close to 
the burlesque mark, but all in all, it is 
good entertainment, and certainly different 
from the stereotyped formula of crooked 
sheriff story. Johnny Mack Brown heads a 
cast of pleasing performers that embraces, 
Kenny Baker and songs, Fuzzy Knight and 
comedy, Frances Robinson and feminine 
pulchritude, and Russell Simpson, an amus- 
ing outlaw master mind. Brown has the 
usual amount of trouble all western heroes 
do in breaking up the outlaw gang, but 
he does, and he also gets Frances. How- 
ever, all this is not accomplished without 
a broadside of comedy sequences that will 
keep an audience laughing. 

CAST: Johnny Mack Brown; Frances Rob- 
inson, Fuzzy Knight, Russell Simpson, Bill 
Cody, Jr., Bob Baker, Charles H. Wilson, 
Ed Cassidy. Charles Stevens, Ralph Dunn. 

CREDITS: Producer and Director, Albert 
Ray; Original Screenplay, Andrew Bennison; 
Cameraman, Jerry Ash; Editor, Louis Sackin. 


"Ireland's Border Line" 

with Jimmy O'Dea, Myrette Morven 
William Alexander 65 Mins. 


Irish humor at its best makes this pic- 
tyre amusing and entertaining. The story, 
however, is second-rate, but the cast is sin- 
cere and works hard. Jimmy O'Dea is 
more than competent as the leading com- 
edian in the cast. Myrette Morven pro- 
vides the female Irish charm, and Ronald 
Maloomson, Noel Purcell and J. H. Edwin 
contribute heavily in the matter of laughs. 
Plot concerns the difficulties of O'Dea, a 
mechanic, when he gets mixed up with 
police looking for a jewel thief. Iden- 
tical suitcases used by the thief and our 
mechanic friend cause most of the trou- 
ble. However, there is an underlying ef- 
fort in the story to point out the fact 
that both the north and south of Ireland 
are working for harmony, and will achieve 
it some day. 

CAST: Jimmy O'Dea, Myrette Morven, 
J. H. Edwin, Hazel Hughes, Ronald Maloom- 
son, Noel Purcell, Ken Warrington, Julie 
Swedo, Jimmy Wildman, Tom Dunne. 

CREDITS: Producer and Director, Harry 
O'Donovan. Presented at the Belmont The- 


"The Affair Lafora 

with Corinne Luchaire, Annie Ducaux 
Transatlantique Films, Inc. 84 Mins. 


Based on a novel which tells the family 
story of two sisters, this new French im- 
portation is suspenseful. The story is told 
in flashback form as the plot unfolds, and 
but for several plot complications which 
get too complicated, it has been interest- 
ingly handled. The cast is able, and the 
two principal roles are neatly characterized 
by Corinne Luchaire and Annie Duceux. 
Picture opens with the two sisters, Corinne 
and Annie, running in a French museum, 
with Corinne shot by her sister when she 
won't stop. Story goes on from that point 
after they are hauled into court and an 
explanation is demanded by the judge. 

CAST: Corinne Luchaire, Annie Duceux, 
Raymond Rouleau, Roger Duchesne, Pauline 
Carton, Jacques Copeau, Marguerite Angel, 
Armand Bernard, Claude Dauphin, Dalio. 

CREDITS: Cipra-Films Production; Direc- 
tor, Leonid Moguy. Presented at the Little 
Carnegie Playhouse with French dialogue 
and English titles. 


Testimonial to Widhoff 

Some 50 members of RKO Radio's 
personnel will tender a testimonial 
luncheon today in Hickory House, 
on West 52nd St., to Eugene Wid- 
hoff, veteran member of the com- 
pany's art department. Widhoff is 
taking a leave of absence in Tucson, 
Ariz., following 10 years of service 
under the RKO banner. 

"Rena, Rama 

(Nothing but the Truth) 

with Erik Berglund, Sickan Carlsson, 

Hakan Westergren 

Scandinavian Talking Pictures 79 Mins. 


The art theater audiences will enjoy this 
new Swedish picture, a highly amusing 
comedy. The film has been adequately 
equipped with English titles. The cast 
is expert. Hakan Westergren, a bank 
clerk who bets money that doesn't belong 
to him; Sickan Carlsson, his attractive fian- 
cee; Erik Berglund, Tollie Zellman and 
Ake Soderblom headline the cast. Story 
is concerned with the efforts of Wester- 
gren to win a bet as he stands to lose 
everything if he doesn't, having bet his 
fiancee's money that he won't tell a lie 
for 24 hours. He finally wins, but there are 
plenty of complications to overcome. 

CAST: Erik Berglund, Sickan Carlsson, 
Hakan Westergren, Ake Soderblom, Tollie 
Zellman, Eric Abrahamson, Milding Gavie, 
Marianne Lofgren, Maritta Marke, Karin 
Nordgren, Thor Modeen, Torsten Winge, 
Richard Lund, Douglas Hage. 

CREDITS: A. B. Svensk Film Production; 
Director, Weyler Hildebrand. Presented at 
the 48th St. Theater with Swedish dialogue 
and English titles. 


Leichter to Visit Keys 

West Coast Bureau of THE FILM DAILY 
Hollywood — Mitch Leichter has 
"She Goes to War" prepared for 
distribution and leaves for the terri- 
tories in about ten days, making all 
the key cities. 


Tuesday, October 24, 1939 



{Continued from Page 1) 

product, but the MPTOA is seeking 
*f*an °mendment to Section 2, Para- 
gr; C which deals with the loss of 
sucn right which would read as 
follows : 

"Provided, however, that the pro- 
vision of this section shall not apply 
to copyrighted articles or artistic or 
literary work, if the exporter shall 
file in advance of exportation or 
^transportation with the Collector of 
i the Port from or through which they 
(tare to be exported, duly acknowl- 
edged written waiver of any claim 
L arising out of the confiscation or 
I destruction of or damage to such 
][, copyrighted articles or copyrighted 
| material by the government of any 
I, State named in such proclamation 
1 or by any political subdivision of 
jjij any such State or by any person act- 
j ing for or on behalf of the govern- 
ment of any such State." 
i The MPTOA foresees an irrepar- 
s able damage to the industry if the 
I measure is passed without the 
amendment, although it is inter- 
: ested primarily from the standpoint 
9 of a possible advance in film rentals. 
Is In order to off-set public opinion 
that producers may curtail quality 
[,' because of the loss of the European 
market, the board urged in the form 
of a resolution that the producers 
maintain quality in pictures because 
any deviation from such a policy 
would hurt both the domestic and 
foreign markets. 

In regard to Ascap the directors 
felt that no aggressive act against 
i the organization should be made un- 
1 til the U. S. Supreme Court passes 
i on the constitutionality of the 
! Washington State statute outlawing 
j Ascap. 

I The board went on record as com- 
i mending producers for refusing to 
i supply pictures for television use. 
i Regarding the war situation, the 
il board deemed it advisable to urge 
ji exhibitors to be patriotic but not to 
, show propaganda pictures which 
would have a tendency to lead the 
i' country into war. 

Wolfson at KTOA Parley 

Miami — Mitchell Wolfson, general 
manager of Wometco chain, killing 
two birds with one stone over the 
week-end in Asheville, N. C. Attend- 
ing Southeastern Theater Owners 
Association convention, and checking 
progress on his new mountain lodge 
now in construction in Carolina hills. 

Warner Club Sets Party 

The New York Warner Club will 
hold its annual Hallowe'en Party 
and Masquerade on Friday at the 
home office club rooms. 

McRaven with BFR 

Cincinnati — J. R. McRaven, who 
served Metro for eight years, is now 
general sales manager for the Indi- 
anapolis office of Big Feature Rights. 


"Information Please" 

(RKO Pathe No. 2) 

RKO Pathe 9 Mins. 

Solid Entertainment 

Again the "Information Please" ra- 
dio program provides solid enter- 
tainment in the medium of celluloid, 
and this second of the series pro- 
duced by Frederic Ullman, Jr., is a 
sure shot to please fans everywhere. 
Clifton Fadiman, literary critic of 
the New York magazine, presides as 
usual, leveling a barrage of ques- 
tions at the "experts," John Kieran, 
Franklin P. Adams, Oscar Lavant. 
and the special guest, the former 
heavyweight champion of the world, 
Gene Tunney. The latter is revealed 
as an "authority" on Shakespeare. 
Queries are original and amusing. 
Footage never lags, and is a good 
harbinger of further screen success 
for this series. 

"Acres Of Plenty" 

(Reelism No. 2) 

RKO Pathe 9 Mins. 

Highly Interesting 

Uncle Sam's scientific farm at El 
Solyo in the Far West is revealed 
as a project which gives "between 
seasons" employment to many itin- 
erant farm hands. Through the 
medium of irrigation, the acres are 
made to produce bountifully. An 
unusually wide variety of crops are 
raised via proper rotation and skill. 
Among these rice and English wal- 
nuts, the latter being made possible 
by the grafting of portions of these 
trees to the black walnut family. 
The farm is virtually non-competi- 
tive with acreage in the same vicin- 
ity, and because of the plan of op- 
eration which is beneficial to the 
workers the profits are small. Foot- 
age is highly interesting and ex- 
cellently photographed under the su- 
pervision of Frank Donovan. Fred- 
eric Ullman, Jr., is the producer and 
narration is impressively handled by 
Harry Von Zell. 

"Hunting Hounds" 

(RKO Pathe Sportscope No. 2) 

RKO Pathe 9 Mins. 

Exciting Stuff 

Riding to hounds has a far more 
virile meaning to sportsmen in the 
rugged lands of the West than to 
corresponding type of hunters in the 
East. Whereas the latter use their 
fox hounds, the former use the breed 
known as the Blue Tick hound. Fur- 
thermore, while the Eastern frater- 
nity goes forth in rather formal, 
gala riding array, the folks out West 
are decked only in their unimpres- 
sive work-a-day clothes, — boots, 
chaps, checkered shirts, ten-gallon 
hats, and all. The quarry, too, is 
different, for while it's the fox in 
the East it's the wildcat in the West. 
This short shows the hunt for the 
"cat," which is at best a bad cus- 
tomer, but notwithstanding, the 
hunters literally "bag" them, and 
it's exciting stuff which audiences 
are bound to like. Andre Baruch 
supplies the narration. 


New Orleans — Louisiana's long 
drawn controversy with film ex- 
changes over arbitrarily assessed 
personal property taxes seemed on 
its way to a settlement this week as 
the State tentatively agreed to ac- 
cept a plan offered by the exchanges 
upon which to tax the film in their 

The plan, which had been origin- 
ally proposed by Rosen, Kammer, 
Wolf and Farrar, attorneys for the 
exchanges, had never been seriously 
opposed by the state as far as a rate 
base was concerned, but tax asses- 
sors had refused to allow progres- 
sive depreciation on film. 

Under the present suggestion, film 
would depreciate progressively over 
a year's period and then have a 
fixed value of 30 cents a reel, ex- 
cepting news reels which become ob- 
solete after the first month. The 
rate base is: 1 to 3 months, $15 a 
reel; 3 to 6, $7.50; 6 to 9, $3.75; 9 to 
12, $1.67. Newsreels during the 
first month are assessed at $15. 

The state had originally planted 
an abitrary assessment of $50,000 
on each exchange regardless of size. 
The figures arrived at did not allow 
for film served out of New Orleans 
for Mississippi, Alabama and Flo- 
rida and hence not taxable. 

Under the present plan exchanges 
would have to make an audit of their 
stocks during 1937, such figures to 
serve as their assessment for 1938, 
and a separate audit for 1938, which 
would serve as a base for 1939. The 
state would have the right to check 
back on all figures. Under the com- 
promise the highest assessment for 
majors would be $21,850; the lowest 

Claim Astor-Bijou-Morosco 
Tax Assessments "Correct" 

The Tax Commission of New York 
City filed a return yesterday in New 
York Supreme Court to a writ 
brought by Astor - Bijou - Morosco 
Theaters Realty Corp. which seeks a 
reduction of $480,000 on assessments 
for the years 1933 and 1934 on the 
theaters. Assessments have totaled 
$2,840,000 for 1933, and $2,590,000 
for 1934. 

The Commission requested a dis- 
missal of the writ, claiming that the 
assessments were correct and proper. 

Frudenfeld Again Barker 

Cincinnati — Col. Arthur Fruden- 
feld, general manager of RKO Thea- 
ters, was re-elected Chief Barker at 
the Queen City Variety Club annual 
election by the Crew, with 20th-Fox 
manager J. J. Grady, first chief 
Barker; Andy Niedenthal, second 
chief Barker; Ralph Kinsler, Warner 
manager, treasurer; and Sol Green- 
berg, secretary. 

Chi.'s New Essex Opens 

Chicago — The new Essex, under 
management of Fred Mindlin has 
opened with a single feature policy. 





Exhibitors Praise 
Altec Technique 
to Improve Sound 

not only have to sell 
my shows to my pa- 
trons, but also sell them 
on my theatre. Since I 
installed your new high 
quality response sound 
we all feel that we have 

the finest sound in this section. "Vincent J. 

Mollica, manager, Lebanon Opera House. 


TENN.— "Judging from 
your new modifications 
in the American Thea- 
tre, we have great ex- 
pectations for our other 
theatres, and request 
the earliest possible ap- 
plication to the rest of 
our circuit." Abe Solomon, Independent 
Theatres, Inc. 

—"If the improvement 
had cost three times 
what you charged, the 
improvement would 
still have been more 
than worth it." J. J. 
Franklin, Strand 

"The improvements 
made by Altec have re- 
sulted not only in an 
increase of power 
which is more than 
ample, but also in a re- 
markable clarity of re- 
production." C. J. 
Chandler, Roxy Amusement Co. 

• • • 

Let the Altec man in your locality explain to 
you, without obligation, how the Altec tech- 
nique for sound betterment can improve the 
sound in your theatre. 

250 West 57th Street, New York City 



M I ' i- w '■* 

2 \i W ^ATH ST 

. n y c 


AyaLn ! %V 6 ! ttebe ! 


Directed by HENRY KING 





(Including All the Foreign) 



One of the Best Pictures 
Directed by HENRY KING 






Write or Wire 


420 Taft Building 
Hollywood, Calif. 






FCC May Recommend Limited Commercial Tele Policy 

Intimate in Character 
International in Scope 
Independent in Thought 

(See Column 1 Below) 

DO NOT pr^^ur ' 

The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

V" 76, NO. 81 

>: ) 



MPTOA Moves to Ral ly Ex hibs. Against Neely Bill 


Dr. Giannini Sees War Failing to Cut 1940-41 Films 

Curtailment of Production 

Unlikely on Coast, 

Exec. Believes 

"The American industry is an es- 
tablished business, its product in 
permanent demand, and war or no 
war, approximately the same num- 
ber of pictures will be produced in 
1940-41 as this year," Dr. A. H. 
Giannini told The Film Daily yes- 
terday. The former UA prexy ex- 
pressed the opinion that producers 
undoubtedly would be conservative, 
trimming expenditures wherever 
possible, without, however, curtail- 
ment in production. 

Dr. Giannini is optimistic , that 

(Continued on Page 8) 


Washington Bureau of THE FILM DAILY 

Washington — That a limited com- 
mercial policy for television will be 
recommended in the FCC report 
which will be released around Nov. 
1, was reported yesterday by sources 
close to the situation. It was also 
understood that television stations 
will be able to charge for all costs, 

(Continued on Page 3) 

Capitol May Have "GWTW" 
as Road Show for a Run 

"Gone With the Wind" will have 
its New York first-run at the Cap- 
itol, in all probability being put in 
the house on a road show basis to 
run four to six months, while top 
flight Metro product will be opened 

(Continued on Page 6) 

1940 Technicolor Schedule 
Calls for 3-4 Pix at Time 

War Baby, Maybe? 

Wall Street circles yesterday were 
said to be interested in the prospects 
of Ceneral Theater Equipment Com- 
pany stock in the event of repeal of 
the neutrality laws. Company is geared 
to make precision instruments, gun sights 
and other necessary war materials, it 
was said. 

RFC GRANTS $450,000 

Washington Bureau of THE FILM DAILY 

Washington— A loan of $600,000 
was negotiated yesterday by Earle 
W. Hammons, president of Grand 
National, it was revealed by Ham- 
mons following his successful visit. 
Of this sum $450,000 is a loan from 
the RFC, the remaining $150,000 
from Electrical Research Products. 

The RFC loan will result in the 

(Continued on Page 7) 

Uniform Clearance System 
Taking Shape on the Coast 

White Sulphur Springs, W. Va. — 
A uniform system of clearance for 
the Pacific Coast is being worked 
out by the Pacific Coast Conference 
of independent theater owners, ac- 
cording to H. V. Harvey of San 

(Continued on Page 6) 

Matter, However, Now Rests Mainly With Exhibitors, 

Exec. Indicates — Says Majority Want Code, 

But Government Stymies Distributors 


White Sulphur Springs, W. Va.— Belief that a code eventually 
"would have a place in this industry" was expressed here yester- 
day by W. F. Rodgers, M-G-M general sales manager, 


before the 

Pittsburgh — Round table confer- 
ences between distributors and ex- 
hibitors were seen as more bene- 
ficial than a trade practice code by 
Abram F. Myers, Allied board chair- 
man, addressing the MPTO of West- 
ern Pennsylvania convention here 

Myers also dealt with television 

(Continued on Page 8) 

Para. -National Screen Deal 
Reported in Closing Stage 

Paramount-National Screen Ser- 
vice deal again neared closing yes- 
terday, with the latter organization 
reported as studying counter-pro- 
posals from Paramount. 

Under the terms of the deal as it 

(Continued on Page 7) 

MPTOA Moves Against Neely Bill- 
Urges More Distrib. Concessions 

NLRB Orders Elections 

in 4 Cartoon Studios 

Technicolor's 1940 schedule calls 

for the simultaneous production of 

three to four features throughout 

the 12-month span, according to Dr. 

(Continued on Page 8) 

Washington Bureau of THE FILM DAILY 

Washington — NLRB yesterday an- 
nounced secret elections to be held 
within 30 days among all produc- 
tion employes in four animated car- 
toon studios in Hollywood to deter- 
mine whether or not they desire to 

(Continued on Page 6) 

White Sulphur Springs, W. Va. — 
A move to rally exhibitors into a 
campaign which would offset the 
agitation by some groups for pass- 
age of the Neely bill was launched 
yesterday by the MPTOA board of 
directors. It was pointed out that 
if all distributors would grant con- 
cessions involving 20 per cent can- 
cellation and the non-forcing of 
shorts with features it would do 

(Continued on Page 4) 

informal talk 
Board of Di- 

told the del- 
egates that 
he was pres- 
ent only as a 
r e p r e s en- 
tative of 
Loew's, Inc., 
and not in 
any other 
stressing the 
fact that he 
was not 
speaking for 
the industry or any part of 

(Continued on Page 4) 

in an 


it ex- 


White Sulphur Springs, W. Va.— 
Appointment of a fact-finding com- 
mittee which would thoroughly probe 
the effects of the war on the film in- 
dustry is being considered by the 

While no official action was taken 
on the proposal by the directors at 

(Continued on Page 6) 

Para. Can't Yank Stars 

Off Radio, Says Balaban 

Apprised yesterday of the resolu- 
tions adopted by the ATO of In- 
diana's annual convention in In- 
dianapolis, calling upon Paramount 
to withdraw Jack Benny, Bing Cros- 
by and Bob Burns from the radio, 
Barney Balaban, Paramount's pres- 
(Continued on Page 8) 



Wednesday, October 25, 1939 

Vol. 76, No. 81 Wed., Oct. 25, 1939 10 Cents 



DONALD M. MERSEREAU : General Manager 
CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays am 
Holidays at 1501 Broadway, New York, N. V. 
by Wid's Films and Film Folk, Inc. J. VV 
Alienate, President and Publisher; Don 
aid M. Mersereau, Secretary-Treasurer; En 
tered as second cla s matter, Sept. 8, 1938 
at the post-office at New York, N. Y., untie- 
the act of March 3, 1879. Terms CPostagi 
free) United Slates outside of Greater New 
York $10. 00 one year; 6 months. $5.00; ? 
months, $3.00. Foreign, $15.00. Subscribe' 
should remit with order. Address all com 
implications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyani 
9-7117, 9-7118. 9-7119. 9-7120. 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred 
man, The Film Renter, 127-133 Wardour St.. 
W. I. PARIS— P. A. Harle, La Cinematog 
raphie Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo. 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico, 
D F. BUENOS AIRES— Chas de Cruz, 
Heraldo Del Cinematografista, Corrientes 1309. 

M _ 



Am. Seat. 12V 4 12 

High Low Close Chg. 


12 — 

m + 



10 + 1/ 4 
1631/2 + i/ 2 
164 + 3 

12% + % 

353/4 + V/ a 

105 3-6 106 + 31/4 

8 83/g + i/ 4 

83 + iy 4 

9V 2 + % 

10% — 1/4 

VA — Va 

H1/4 + 1/4 

73/ 8 








Col. Picts. vtc. (21/2%) 71/2 
Columbia Picts. pfd. 19 

Con. Fm. Ind 1 % 

Con. Fm. Ind. pfd.. 10 

East. Kodak 1 63 1/ 2 163 

do pfd 164 161 

Cen. Th. Eq 13% 12'/ 2 

Loew's, Inc 36 343/4 

do pfd 106 

Paramount 8V2 

Paramount 1st pfd.. 83 
Paramount 2nd pfd.. 9/2 

Pathe Film 11% 

RKO 15/ 8 

20th Century-Fox . . 14'/ 2 14% 

20th Century-Fox pfd. 23% 23% 23% 

Univ. Pict. pfd 

Warner Bros 43/ 8 4% 43/ 8 + y 4 

do pfd 49 47 49 +2 


Keith B. F. ref. 6s46 

Loew's deb. 3%s46 99 98 98 — 1 

Para. B'way 3s55" 

Para. Picts. 6s55 

Para. Picts. cv. 3 V 4 s47 82Vi 82 82% + % 

RKO 6s41 

Warner Bros.' cv. 6s39 

Warner Bros.' dbs. 6s48 8034 SO'A 80% + ' % 

Monogram Picts. .1 1 1 — i/ 8 

Sonotone Corp 

Technicolor 13V 4 123/ 8 13 +■"% 

Trans-Lux 1 % 1 % 1 % — l/ 8 

Universal Corp. vtc. 2% 23/ 4 2% 

Universal Picts 7% 7% 7% + % 


Bid Asked 

Pathe Film 7 pfd IOO1/2 

Fox Thea. Office Bldg. 1st '46 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45.. 63 66 
Roxy Thea. Bldg. 4s 1st '57 60 62 


Storage by Reel or Vault 

729 Seventh Ave. 
"New York City 
BRyant 9-5600 


Settle Tele Jurisdiction 
First, Then Talk, NBC View 

Some Senators and Newsmen ^■^^^^^^■^i 
Don't Fancy_Capras Film COm „, G (,„„ QQ^^ 

NBC and Actors' Equity did not j 
get together yesterday to discuss | 
television fees and working condi- 
tions because of the network's con- 
tention that the theatrical unions 
have not settled the jurisdictional 
problems over television. While it 
was believed that arrangements had 
been made for representatives of 
both groups to confer yesterday, a 
network official stated that no ar- 
rangements had been made bv NBC 
for such a discussion. 

It was declared, however, that 
NBC and the proper talent union 
may sit down to discuss terms after 
the theatrical unions have agreed on 
which organization has jurisdiction 
in the field. 

Equity, however, declared that 
some action may be expected short- 
ly, but it was also declared that 
such action might be taken through 
the 4A's, parent theatrical group. 
It is possible that the theatrical 
unions may "divide" television and 
set up a co-operative board /to ad- 
minister it. In such a case/ Screen 
Actors' Guild might have jurisdiction 
over television's use of films, while 
Equity, AFRA and other /affiliated 
unions might have control of live 
shows in which their members ap 

'Babes in Arms" Running 
Ahead in First Key Spots 

Metro's "Babes in Arms" ik show- 
ing unusual drawing power m. its 
first key city engagements, accord- 
ing to newest home office reports 
from 33 engagements. 

Musical, starring Mickey Rooney 
and Judy Garland, did outstanding 
business, topping "The Women" and 
"Wizard of Oz" in 23 situations each, 
ind beat "Boys' Town" in 19 spots 
^isrures of such other M-G-M gros- 
sers as "Maytime," "San Francisco'' 
^nd "Test Pilot" were also exceeded 
in many openings. 

Normal business was far eclipsed 
in every one of the engagements, 
ranging up to 133 per cent over nor- 
mal in Merrmhis, 127 per cent in 
Baltimore. 126 per cent in Louisville 
120 per cent in Harrisburg, 118 per 
"ent in Indianapolis, 109 per cent in 
New York, and 108 per cent in Hous- 

In 14 cities, "Babes in Arms" beat 
"11 five of th«"=e money-makers: "The 
Women." "Wizard," "Andv Hardy 
Oets Spring Fever" and "Boys' 

Harrison Rites Today 

Funeral rites for Sam Harrison 
manager of the Ziee'feld productions 
>*etv"en 1907 and 1930. will be held 
m Omnbell's Chapel, Madison Ave. 
and 81st St. at 11 a.m. todav. 

Boyer as Propagandist? 

Paris ( By Cable) — Charles Boyer 
shortlv will be recalled from ser- 
vice at the front to undertake a pro- 
pi eanda assip-nment in the U. S., it 
was reported here yesterday. 

Washington Bureau of THE FILM DAILY 

Washington — There are some 
folks here who don't relish Colum- 
bia's "Mr. Smith Goes to Washing- 
ton," it appears. 

Among them is Majority Leader 
Barkley who told newsmen the 
Frank Capra pix "makes the Sen- 
ate look like a bunch of crooks." 

And while the National Press 
Club sponsored the world premiere 
of the pix here, some Washington 
correspondents don't fancy one char- 
acter, described as "a consistently 
stewed reporter." 

Story in the Washington Times- 
Herald says that to "get hunk^*^ 
group of Senators have organized 
to put through the Neely bill in the 
House by "using their influence." 

Andrew R. Kelley, Times-Herald 
pix critic, writes however that 
"Capra should be commended for not 
nulling his punches" and points out 
that "the humorous side arises from 
the fact that Congress has *been 
slapped before" in several stage 
plays "yet no angry threats of re- 
strictive legislation for the theater 
were heard as punitive punishment." 

DAVID O. SELZNICK planes in from the 
Coast today via American for a short stay, re- 
turning to Hollywood probably at the week-end. 

AL LICHTMAN arrives from the Coast today. 

CILBERT MILLER sailed yesterday for Italy 

o-, the Conte di Savoia. 

PAUL VINCENT CARROLL arrives here from 
Europe next week. 

MR. and MRS. P. J. WOLFSON are J rhe 
Sherry Netherland. 

JOSEPH M. SCHENCK. board chairman of 
20th-Fox, expects to return to the Coast with- 
'n the next week. 

Austin Keough in Texas 

for Directorate Parley 

Current presence in Texas of Aus- 
tin Keough, head of Paramount's 
legal department, is in no way 
linked to the probe being conducted 
by that state's Attorney General's 
office into so-called "big- business," 
including theater circuits, it was 
learned yesterday. 

Keough's visit instead has as its 
purpose attendance at a meeting of 
the directorate of the circuit oper- 
ated by J. C. Clemmons and Sol Gor- 
don, Paramount partners. 

Inasmuch as reports from Dallas 
mentioned the Clemmons-Gordon 
theaters, together with the Inter- 
state and Texas Consolidated cir- 
cuits, as coming under the scrutiny 
of the Attorney Generals office, the 
visit of Keough was a deduction, but 
the wrong one, it is said. 

Bingo is Ruled Gambling 

in Milwaukee Test Case 

Milwaukee — Circuit Judge Charles 
L. Aarons ruled Bingo games at 
Bahn Frei Hall here gambling and 
q-ranted the request of Charles W. 
Trampe, head of the Monogram- 
Midwest Film Co. for an injunc- 
tion restraining the hall from play- 
ing- the game on the grounds it con- 
stitutes a public nuisance. 

B. J. Miller, attornev for Trampe. 
said further action will be taken if 
other public games are not stopped 
voluntarily. The court ruled that 
because charitable and patriotic or- 
ganizations sponsor the games and 
the revenues are devoted to useful 
purposes does not alter the case. 


JR., is at the Sherry Nether- 

EMANUEL EISENBERC returns from Mexico 
City early next month. 

JANE WITHERS and her mother are at the 

\ J. CHEEVER COWDIN, board chairman of 
Universal, is on the Coast for studio confabs. 

JOHN CARFIELD returns to the Warner studio 
this* 1 week after a vacation. 

Ah STEEN. FILM DAILY staff writer, returns 
today ( from White Sulphur Springs where he at- 
tended the MPTOA convention. 

AUSTIN C. KEOUGH, Paramount general coun- 
sel, is in Texas. 

KARL HOBLITZELLE, Interstate exec, is 
here ffrom Texas for Paramount conferences. 

make 1 p.a.'s at 20th-Fox's multiple premiere 
of /'Drums Along the Mohawk" early next 
Ith in upstate New York. 


Sets Nov. 2 for Hearing 
St. L. Picketing Injunction 

St. Louis — Circuit Judge Julius R. 
Nolte at Clayton yesterday set Nov. 
2 as the date for the hearing on the 
order to show cause in the injunc- 
tion proceedings filed Monday by 
Fanchon & Marco, Eden Theater 
Company and St. Louis Amusement 
Co. against Local No. 143, eight of 
its officer's and 28 members. 

The court made it very clear to 
the clerk of the court that no tem- 
porary restraining order will be 
issued pending a trial of the peti- 
tions on their merits. In meantime 
picketing continues at the eight the- 
aters involved. 

Vincent Hart Resumes 

General Law Practice 

Vincent G. Hart, a member of the 
Will Hays staff for the past 10 
years, has resumed the genei-al prac- 
tice of law and will be associated 
with Norman C. Nicholson and 
Lewis M. Lawton at 9 Rockefeller 


"AN HILARIOUS SCUFFLE** — Atkinson, Timet 
George Abbott presents 



By Richard Maibaum and Harry Clork 
Biltmore, W. 47 St. Evgs. 8:45. Mats. Wed. & Sat. 

Wednesday, October 25, 1939 




(.Continued from Page 1) 

but for the time being will be pro- 
hibited from making a profit. 

Further, it was anticipated that 
the report may also recommend that 
the government grant a subsidy to 
|hp 'elevision industry similar to 
the ^rants made to the shipping and 
aviation industries. It is expected 
that the report will serve as a signal 
for the television industry to go 
ahead full blast on ambitious pro- 
grams which have been outlined, but 
to date have been held in abeyance 
due to the uncertainty of the whole 

Buffalo Republic Office 

Open, Grainger Returns 

James R. Grainger, Republic's 

president, returned yesterday to the 

home office from Buffalo, where on 

Monday he and Jack Bellman acted 

as co-hosts at the celebration which 

inaugurated Republic's new office in 

that city. Bellman, former eastern 

i district sales manager, was recently 

1 appointed branch manager in the 

; Buffalo territory. 

Visiting exhibs. in the number of 
some 150 were on hand from Syra- 
cuse, Rochester and Buffalo to par- 
ticipate in the "office warming." 

Zukor to Mexico Only 

West Coast Bureau of THE FILM DAILY 
Hollywood — Adolph Zukor will 
leave at the end of November for a 
trip of three or four weeks to Mex- 
ico where he will confer with exhib- 
itors. He does not plan to go to 
South America at this time, having 
made that trip several months ago. 

Warner CC Drive Chairman 

West Coast Bureau of THE FILM DAILY 

Hollywood — The motion picture 
division of the Lcs Angeles Com- 
munity Chest drive has elected Harry 
M. Warner as its chairman. 

Best wishes from THE FILM DAILY 

to the following on their birthdays: 


Sol M. Wurtzel 

S. Charles Einfeld 

Billie Bennett 
Eugene J. Zukor 

Paul A. Bray 
Polly Ann Young 

Herbert Berg 
Fred J. McConnell 



• • • RECENTLY, we were perusing a "Sporting Final" of The 

Sun and set to wondering if the word "sporting" wasn't stretched 

a bit in the instance of what Kolyumist Dave Boone had to say on 

page 21 about Hollywood anent Mayor La Guardia's recently 

expressed yen to have pix production return to our "Fair" city 

Doubtless. Brother Boone's remark sprang not from malice but from 
his flare for frothiness for it is the latter which habitually per- 
vades his kolyuming 

T T T 

• • • TO quote Boone: "I don't know what kind of picture 
could be turned out in a big metropolis like New York, Boston 
or Kansas City but they couldn't do any worse than Holly- 
wood has been doing lately" Now while it may seem on the 

sensitive side to even cite the remark of Brother Boone 

there is a deeper point involved For there is a "cult" in this 

country which likes nothing better than to disparage Holly- 
wood in print Armed with little more than a personal 

opinion unsupported by acceptable evidence they would 

have the public believe that they know whereof they speak 

T T T 

• • • SOME tangible increment of the misunderstandings which 

exist with respect to Hollywood rises from the absence of a 

properly organized and highly-geared public relations setup within 

the industry It would be easy to put Boone on the right track 

regarding what Hollywood has REALLY been doing lately in the way 

of fine product He might turn to pages 18 and 19 of the "Sporting 

Final" of last Thursday's Sun in which his comment appeared 

and pick out a good cross-section of pix to see personally Or he 

might have a chat with W. G. Van Schmus, the Music Hall's monarch 

who could testify pretty well as to what Hollywood has done 

re quality pix this season Maybe Brother Boone ran into some 

mean "B's" and got stung and consequently never found the 


• • • THE industry's white-tie-and-tails contingent 

was out in fair force last night at the World's Fair 

where Governor General Marcel Olivier, commissioner general 

for France played host at a soiree New French 

documentary films were shown in the French Pavilion's the- 
ater. .... .after which there was a reception in the Salle des 

Fastes and some rare vintages All in all. a mighty 

pleasant way to spend the evening 

T T ▼ 

• • • ADD reasons why Charlie Einfeld is in New York 

Today's his birthday and for celebrating such occasions 

it seems there's no place like lil' ol' N'York 

▼ ▼ T 

• O • TO add flame to baseball's hot stove league 

the American League's official pix for 1940 will be available 

after Jan. 1 for use by schools or reputable organizations 

'Tis a four-reel sound opus running 45 minutes and made 

in 35 mm. and 16 mm. gauge Pix prosperity is closely re- 
lated to the well-being of sister industries. . ... .so in case you're 

beleaguered by calamity shouters take a gander at this 

sprightly item from the Wall Street Journal "The first 123 

industrial companies reporting for the quarter ended Sept. 30, 
1939 show an aggregate net income of $94,661,853 com- 
pared with $53,390,341 in like period of 1938 an increase of 

$41,271,512 or 77.30 per cent" 


British producers are hopeful that 
the Government will grant a subsidy 
to the industry or make available 
American funds for production pur- 
poses, if U. S. revenues are "froz- 
en," Arthur Levey, Monogram rep- 
resentative in London and director 
of Scophony, Ltd., told The Film 
Daily yesterday. 

Levey asserted that reports of 
mobilization of technical men were 
greatly exaggerated, and that pro- 
ducers were making plans, had pic- 
tures ready to go into work and the 
studios could handle them, but 
monetary restrictions have virtually 
halted all production activity. 

He expressed the opinion that the 
Ministry of Information, which con- 
trols the entire film industry, was 
sympathetic to the case of the pro- 
ducers and American distributors, 
and would undoubtedly work out the 
problems confronting the industry 
within the near future. 

Levey said that television has 
ceased entirely in England, with 
the exception of work being done 
in the field by various companies in 
conjunction with the Army. He is 
here primarily to contact New York 
interests and survey the field with an 
eye to introducing Scophony in this 
country. He said that the company 
now had home sets with screen sizes 
ranging up to three by four feet, 
and had theater screens as large as 
15 by 18 feet. 

Technicians and equipment will be 
brought to this country by Levey as 
soon as he is set to introduce Sco- 
phony here. He arrived here on the 

Three Loew-Poli Houses 

Adding Vaude Regularly 

Meriden, Conn. — Beginning this 
week the Poli here and Poli, Water- 
bury, will have regular vaude shows 
on Wednesdays and Thursdays, re- 
spectively. The Globe, Bridgeport, 
also goes into vaude after two years 
of amateur nights. These Loew 
houses have been trying local talent 
in stage novelties. 


Leopold Friedman, Loew's direc- 
or, secretary and general counsel, 
will be married tomorrow to Ruth 
Mack. Ceremony will be performed 
at the Warwick Hotel. 

Albany — Engagement of Anne 
Hawkins, Grand National inspectress 
to Jack Moran of Albany, was an- 
nounced at a party tendered the 
bride-to-be here. 

« « « 

>y ** r 

Rice Lake, Wis. — Leo E. Miner, 
manager of the Majestic and Elago 
theaters here, was married to Miss 
Carol Johns. 


Wednesday, October 25, 1939 


(Continued from Page 1) 

cept as it relates "to our business 
with our customers and our rela- 
tionship with the trade as a whole." 

When or how Code will apply, 
Rodgers said, he was not prepared 
to predict. 

"As a matter of fact," Rodgers 
said, "I had believed that the Code, 
if it had been adopted, would have 
eventually resulted in a national 
agency through which many mis- 
understandings would have been ad- 

Says Majority Want Code 

Rodgers asserted that he did not 
believe the Government or the trade 
as a whole realized just how many 
exhibitors actually wanted a Code. 
He added that from his contacts 
with theater men by far the major- 
ity wanted a Code and still do. Those 
who express uncertainty were only 
seeking the opportunity to further 
explore its possibilities, he de- 

As evidence of this, Rodgers 
pointed to the Michigan Allied res- 
olution which petitioned not only 
the Government's permission, but its 
national organization and the dis- 
tributors' committee for a means 
which would settle disputes. 

Gov't Stand Stymies Distribs. 

"I do not know of any method of 
satisfaction except through arbitra- 
tion," Rodgers said, adding that 
"in view of the Government's posi- 
tion the distributors are powerless 
to act," indicating that the matter 
of a Code rested mainly with the 

In regard to the Neely bill, 
Rodgers warned the directors that 
they should emphasize to their con- 
gressmen just what its enactment 
would mean and that its applica- 
tion would not solve all the prob- 
lems its proponents would lead some 
to believe. 

"You know and so do I," he said, 
"that under the present basis of 
selection the exhibitor who says 
he was forced to play this or that 
film is merely seeking an alibi to 
satisfy someone who does not under- 
stand the mechanics of the business." 

White Won't Sponsor Pix 
Neutrality Bill Amendment 

Washington Bureau of THE FILM DAILY 
Washington — Senator Wallace H. 
White, Maine, Republican, anti- 
block-booking bill leader, last night 
in commenting on the MPTOA di- 
rectorate board's desire to amend 
the Neutrality Act to exempt film 
shipments, said he had no intention 
of sponsoring such an amendment. 

"I knew they were dissatisfied 
with the bill, but I haven't under- 
taken to straighten them out," he 

Buys Poster Exchange 

Denver — L. M. Cowan has pur- 
chased the Denver Poster Exchange 
from Roland Lutz. 

MPTOA Board Meeting Sidelights 


—White Sulphur Springs, W. Va. 
A/T. A. LIGHTMAN, who was 

among the missing when the 
meetings opened Monday, blew into 
town in time for the evening session, 
accompanied by M. A., Jr. 

The Oklahoma City contingent, 
consisting of Morris Loewenstein, 
Sol Davis and Ona Johnson, ar- 
rived at White Sulphur by a round- 
about way, namely: via Boston and 
New York. 

Frank Cassil and the Mrs. from 

St. Joseph, Mo., are motoring on to 
New York. 

H. V. Harvey traveled the farthest 
to the meeting, coming from San 
Francisco by way of Los Angeles. 

Absence of whoopee marked the 
board meeting in contrast to na- 
tional conventions. The boys really 
dug in and went to work and there 
were practically no so-called social 
gatherings at night. 

Sol Davis of Oklahoma City is not 
a member of the board so he enter- 
tained the wives during the sessions. 

Bank Nights In Lowell 

Stay Till Court Rules 

Lowell, Mass. — Bank Nights in 
Lowell theaters will be permitted 
until a Supreme Court finding deter- 
mines their legality, according to a 
decision reached at a regular meet- 
ing of the License Commission. Only 
two local theaters are running this 
attendance promotion stunt. 

Several weeks ago theater opera- 
tors were warned to discontinue pro- 
motion contests which might be con- 
strued as gambling. 

Commissioner Thomas B. Delaney 
served notice that theater operators 
will get into serious trouble if they 
admitted children during school 

Comerford-Publix Will 

Play "Mutiny" First-Run 

The Comerford-Publix circuit has 
closed with Monogram for the fol- 
lowing first-runs on "Mutiny in the 
Big House" throughout the state of 
Pennsylvania : Forty -Fort Theater, 
Forty-Fort; Luzerne Theater, Lu- 
zerne; Eynon Theater, Eynon; Rex 
Theater, Dickson City; Rialto Thea- 
ter, Sunbury; American Theater, 
Pittston; Granada Theater, Oly- 
phant; and Parsons Theater, Par- 
sons. In addition to these first-runs, 
the circuit will play the picture at 
the Hart and the Sterling Theaters 
in Wilkes-Barre as well as the West 
Side and the Rialto Theaters in 
Scranton, Pa. 

"Mill On Floss" Opens 

Boston — Screen version of George 
Eliot's "The Mill on the Floss" will 
have its U. S. premiere at George 
Kraska's Fine Arts Theater today. 
Pix is being released by Standard. 

U. S. Housing Film Will 

Play Century Theaters 

"Housing in Our Time," two-reel 
documentary film produced for the 
U. S. Housing Authority by Harold 
McCracken, president of Courier 
Productions, Inc., has been booked 
for nine local theaters of the Cen- 
tury Circuit starting tomorrow. The 
film is a portrayal of the slums of 
America and what is being done 
to eradicate them. It has been shown 
daily in the Science and Health 
Building Auditorium at the New 
York World's Fair. 

Complete Short at Fair 

Fred Catania and Deno Grande 
have completed a short tagged "How 
They Make Pictures in Hollywood," 
at the World's Fair. Andre Dumont 
directed. Catania is a former boxer 
and is known for his exhibition ap- 
pearances with Max Baer. Miss 
Grande is a Baltimore deb, this be- 
ing her picture debut. 

Conn. Exhibs. on Sick List 

New Haven — Rocco Longo of the 
Community, Oakville, is recuperat- 
ing at home after a gallstone at- 
tack which sent him to the hospital. 

Billy Sirica, of the Lido, Water- 
bury, is still on crutches as a result 
of a handball court injury to his 
ankle five weeks ago. 

Two Midwest Openings 

Denver — Planning to open his new 
500-seat Nile Theater at Mitchell, 
Neb., by Nov. 15, Harry McDonald 
has named Bob Spawn, Denver 
booker, manager. 

Fox plans to open the new Fox 
at Longmont, Colo., by Nov. 15 also. 

Kuykendall and Cabinet to Serve Again 

White Sulphur Springs, W. Va. — MPTOA's official setup for the new year remains 
unchanged, the board re-electing Prexy Ed Kuykendall and his full cabinet yesterday, 
as forecast. Again serving are: Board Chairman, Fred Wehrenberg; Vice-Presidents, 
M. A. Lightman, Frank C. Walker, Mitchell Wolfson, E. C. Beatty and A. Julian Brylaw- 
ski; Treasurer, Walter Vincent; Secretary, Morris Loewenstein. 

New bo;>rd members are Leonard Goldenson, Para, home office exec; S. J. Hyman, 
prexy of the W. Va. Managers' Association; Lyle M. Wilson, representing the MPTO of 
the Carol inas; Morris Leonard of B & K, representing the Chicago Exhibitors' Association. 


(.Continued from Page 1) 

much to attain the goal of the or- 

It was decided that the MPTOA 
executive committee would make 
personal calls on the sales mf I g- 
ers of the various companieJ in 
order to convince them of the seri- 
ousness of the situation inasmuch 
as united action was necessary to 
defeat the measure. 

The resolution which defined the 
organization's stand on the issue 
read as follows: 

"Be it resolved that the efforts so 
far undertaken to benefit the mo- 
tion picture industry by subscribing 
to the 20 per cent cancellation clause 
sponsored by MPTOA during its 
campaign for fair trade practice 
agreement, and by not forcing the 
sale of shorts with features are 
steps in the direct solution of trou- 
bles now besetting the motion pic- 
ture industry and that full consid- 
eration and action by all distributors 
without individual effort to gain ad- 
vantage to themselves would estab- 
lish a working basis that would elim- 
inate the agitation for the Neely bill. 

"Further be it resolved that we 
urge those distributors who have 
not aligned themselves with this 
policy to do so at once to unify the 
situation. And that by so doing the 
distributors will indicate to the ex- 
hibitors of the entire country the 
immediate pressing need of co-opera- 
tion in opposition against attempt 
at governmental interference with 
the industry." 

Badgley Scotches Story 

He's Resigning Can. Post 

Ottawa, Ont. — Frank Badgley, di- 
rector of the Canadian Government's 
Motion Picture Bureau, yesterday 
issued an unqualified denial of a To- 
ronto story appearing in a New 
York trade paper (not The Film 
Daily) to the effect that he had 
resigned "following the appointment 
of John Grierson of London, Eng- 
land, as the Canadian Film Commis- 

Badgley stated that Grierson's 
appointment "in no way affects me 
or my official position and I cannot 
understand how or where the rumor 

Bernhard and Goldberg 

at Warner Chi. Parley 

Chicago — With Joe Bernhard and 
Harry Goldberg of the Warner home 
office attending, meeting of Warner 
theater managers for this zone was 
held here yesterday. Al Kvool and 
Larry Gran were here from Mil- 
waukee. Plans for Fall and Winter 
were discussed. 


IN the fifty years since Eastman supplied 
the film for the world's first movies, there 
have been many great Kodak emulsions 
designed especially for the motion picture 

industry Greatest of all are Eastman 

Plus-X, Super-XX, and Background-X . . . 
today's ruling favorites in the studio and 
on location. Eastman Kodak Company, 
Rochester, N. Y. (J. E. Brulatour, Inc., Dis- 
tributors, Fort Lee, Chicago, Hollywood.) 



for general studio use for ail difficult shots 


for backgrounds and general exterior uork 



Wednesday, October 25, 1939 


(Continued from Page 1) 

their meeting here yesterday, it is 
understood that President Ed Kuy- 
kendall will be authorized to name 
the committee and to put it to work. 

According to the reported plan, 
the committee would check foreign 
losses to the distributors. At- 
tendance here and abroad, necessity 
for increased rentals as a result of 
the reported foreign loss and the 
possible reflection on product qual- 
ity, all of which would be assembled 
into a formal report to MPTOA 
members and possibly to all ex- 

Kuykendall said that he would 
consider the appointment of com- 
mittee members, if the plan is ap- 
proved, when he arrives in New York 
late this week. 

Topekan Wins Verdict 

in Freak Damage Suit 

Okahoma City — A jury in Federal 
Court here awarded $1,000 to Ger- 
ald Whistler of Topeka, Kans., for a 
fall in the Midwest Theater. He 
asked $15,000 damages from Stand- 
ard Theaters, which operates. Whis- 
tler charged the air-conditioning 
device was defective the night of 
June 12, 1938. Becoming sick and 
faint, he said, he started to leave the 
theater to get fresh air and a drink 
of water, but weakened by the at- 
mosphere, fell in the lobby and 
struck his jaw against a drinking 
fountain. ■ 

Starr Pens Chaplin Article 

The American Hebrew is going in 
for a philosophic type of motion 
picture coverage. Its editors say 
that the readers' reaction (which 
takes in many members of the cler- 
gy of many denominations) to Mar- 
tin Starr's 10,000-word article on 
Warner's "Sons of Liberty" induced 
them to ask for a similar philosophi- 
cally-patriotic treatment on Charlie 
Chaplin. The result is Starr's arti- 
cle, "Chaplin's Hinkle," which breaks 
in the issue of Oct. 27. It deals in 
great measure with Chaplin's pres- 
ent production before his cameras. 

British Grand National Offers to Supply 

Quota Films for American Distributors 

London (By Cable) — Grand National, Ltd., through Maurice Wilson, has written 
to the Board of Trade, offering to place both the Twickenham and Highbury studios, at 
the disposal of U. S. distributors for the production of pictures to meet the quota. 

The letter stated that CN was prepared to give financial assistance to a number of 
independent production units with which it has made an arrangement to produce a sub- 
stantial number of pictures during the company year. GN can do this, the letter 
continues, as it handles very few foreign films. 

Capitol May Have "GWTW" 
as Road Show for a Run 

(Continued from Page 1) 

at the Music Hall, it was reported 

However, final plans on sales 
policy for the picture are contingent 
upon huddles this week between 
David O. Selznick, John Hay Whit- 
ney, Nicholas M. Schenck, Al Licht- 
man and William F. Rodgers. Selz- 
nick and Lichtman arrive from the 
Coast today and Rodgei's is expected 
to return shortly from White Sul- 
phur Springs where he attended the 
MPTOA convention. 

When "Ninotchka" opens at the 
Music Hall following the completion 
of the run of the current offering, 
it will be the fourth Metro film and 
the first Garbo release to ever play 
there. Meanwhile, conclave of Metro 
sales forces scheduled to be held in 
Chicago this week-end has been post- 
poned until the "GWTW" sales 
policy is set. 

Latest world premiere date set 
for the picture is Dec. 16 at the 
Loew Grand in Atlanta. 

UAC's 1939 Income 

To Be Below That of 38 

Montreal — Total income for full 
1939 fiscal year of United Amuse- 
ment Corp., Ltd., will probably be 
less than for 1938, D. Allen Mur- 
ray, vice-president, informed The 
Film Daily. Paid admissions to 
company's 26 theater units in nine 
months ended Sept. 30, 1939 show a 
moderate decline from the compar- 
able 1938 period, Murray declared. 

No variation of importance in at- 
tendance since Sept. 1 has been ap- 
parent, he states, the decline having 
mainly occurred in the spring, re- 
sulting from weather conditions. 

Answer America's Demand for 
Good Sound with the Best! 

■ ■ ■ 

■ ■ ■ 

■ ii w 


^Wrca photophone 


with Rotary Stabilizer plus — 


Styled and 

priced for 


of every size 


Better sound means 

better box office. .and 

RCA tubes mean 

better sound 

RCA Manufacturing Company, Inc. 


NLRB Orders Elections 

in 4 Cartoon Studios 

(Continued from Page 1) 

be represented by Screen Cartoon 
Guild, unaffiliated, for purposes of 
collective bargaining. Companies in- 
volved are: Walter Lantz Produc- 
tions, Loew's, Inc., Raymond Katz 
Studio and Leon Schlesinger Produc- 

In announcing the election, the 
NLRB said in the proceedings be- 
fore the Board there was no dispute 
between the companies and the labor 
organization as to the appropriate- 
ness in general of the respective 
units for purposes of collective bar- 
gaining. Dispute arose over certain 
classifications of employes on wheth- 
er they should be included or ex- 
cluded from the units. 

At the Schlesinger studio, de- 
partment heads were included. The 
company contended that 47 of its 
employes under individual contracts 
should be excluded but the Board 
held these employes are not by vir- 
tue of the contracts excluded from 
the units. 

Producer-directors at Loew's were 
excluded but cameramen were in- 
cluded. Board ordered that cell 
washers of all studios involved 
should be included. Directors of all 
companies were included. 

In all units the following were ex- 
cluded pursuant to an agreement of 
the Guild and other interested 
unions: clerical and supervisory em- 
ployes, laboratory technicians, car- 
toon editors and their assistants or 
film librarians. 

Uniform Clearance System 
Taking Shape on the Coast 

(Continued jiom Page 1) 

Francisco who attended the MPTOA 
board meeting here yesterday. Har- 
vey said that a plan was being per- 
fected but that no publicity would 
be released until the proposals had 
been submitted to the distributors. 

The Pacific Coast theaters, Harvey 
said, were suffering from a serious 
shortage of prints and that the pro- 
posed plan would overcome this dif- 
ficulty and at the same time simplify 
the clearance situation. 

The conference is composed of ex- 
hibitor organizations in Seattle, 
Portland, San Francisco and Los An- 
geles. A meeting of the groups was 
held last week in Los Angeles. 

1-1 Circuit Tests Vaude 

Chicago — Indiana and Illinois cir- 
cuit are adding vaudeville at the 
Elco Theater, Elkhart, Ind. Other 
houses may have "flesh" if the test 
is successful. 

By Charles Hanson with Charles 
Palmer. George Palmer Putnam. 
Inc., Hollywood, Calif. 369 vages. 

Publisher of this book claims it is 
the first published on popular sing- 
ing — and the first of any kind for 
the microphone. It is intended pri 
marily for the instruction of those 
who wish to take up singing as a 
profession — for cabarets, the stage, 
films, radio, phonograph and (of 
coming importance) for television. 
A glossary of current musical terms 
is of practical help. 

Charles Henderson is a coach in 
popular vocal music who has been 
associated with Rudy Vallee, Fred 
Waring, Andre Kostelanetz and Bil- 
ly Rose and with many popular sing- 
ers, and has himself written popular 
songs. He has handled vocal super- 
vision of such radio shows as Texaco 
and Chesterfield, and such motion 
pictures as "That Certain Age,' 
"Three Smart Girls Grow Up," "Sec- 
ond Fiddle," "The Star-Maker," "The 
Rains Came" and "Say It with Mu- 
sic." With such a background, the 
author should know whereof he 
writes, and does, judging from the 
viewpoint of one who can't sing a 
note, but who has heard and observed 
singers of popular music for a gen- 

The book is divided into three 
parts: The Art of Singing Popular 
Songs, The Technique of Singing 
Popular Songs, and The Business of 
Singing Popular Songs. The first 
two sections will be of interest and 
help mainly to beginners, while the 
third section should prove of value 
to seasoned artists as well as to be- 
ginners for, aside from such topics 
as How to Pick Your Song, How to 
Audition, Singing for Radio, for Rec- 
ords, for Transcriptions for Radio, 
Motion Pictures and Television, it 
deals with Coming Up in the World, 
Staying on Top, the Matter of 
Agents and Publicity for the singer. 

The volume is a practical hand- 
book and guide for all those inter- 
ested in its subject matter, whether 
beginners or professionals. — L.H.M. 


Frank H. Little Dead 

Denver — Frank H. Little, 81, first 
western divisional manager of the 
old Edison Motion Picture Co., with 
Denver headquarters, died at a Den- 
ver hospital following a 10-day ill- 
ness with pneumonia. 

Jahrblum With Metro 

Charles Jahrblum, who recently 
wrote the English titles for the 
French film, "Harvest," has been 
assigned to write sub-titles for ex- 
port versions of M-G-M pictures. 

Wednesday, October 25, 1939 




Madrid (By Cable) — Approxi- 
<Y nately 25 per cent of this city's film 
louses are now operating under reg- 
ulations that require them to close at 
Ml:30 p.m. 

e S .L While some recent American pix 
are 1 "ng shown, majority of U. S. 
. pix h Jng their way to local screens 
15 -are much older. Spanish language 
?- films made in Mexico and in South 
on America are also making their ap- 
j. .pearance. 

A French commission has arrived 

to negotiate a commercial treaty 

whieh will include films. However, 

local exhibs. have little money to 

.spend for new product. 

European war shots are being per- 
mitted in newsreels, but a decree for- 
bids any demonstration by audiences. 
Six houses are open at the seaside 
resort, San Sebastian. 

Northwest's MPTOA Will 
Consider Trade Reforms 

Re-open the Hollyw'd 

Warner's Hollywood on Broadway, 
dark for some months, will reopen soon 
with George White's new "Scandals" 
occupying the house. It is understood 
that White is booked into the house 
and no long-term lease is involved. 

RFC GRANTS $450,000 

Seattle — Program details for the 
17th annual convention of the 
MPTOA of the Northwest, slated 
here for Friday, are still in the mill 
but trade practice code discussion 
may book large. Legislative activ- 
ity at the 1939 Washington session 
will be outlined bv Secretary M. F. 
Hone, who is working out program 
arrangements with President L. 0. 

Up to 200 theater men are ex- 
pected from all parts of the Pacific 
Northwest area. New officers will 
be elected and group entertainment, 
including a -midnight jamboree show 
and special ladies' events, are to be 

In addition to President Lukan, 
present MPTOA officers are: M. Ken- 
worthy, Moscow, Idaho, first v.-p.; 
Paul Aust, Seattle, second v.-p., and 
C. L. Gwinn, Centralia, Washing- 
ton, third v.-p. Trustees include 
Harry Davidson, Port Angeles, 
Washington; John Danz, Seattle; Al 
Rosenberg. Seattle; John Hamrick, 
Seattle; Mildred Bishop. Lewiston. 
Idaho; B. F. Shearer, Seattle and 
Fred Mercy Jr., Yakima. 

Seattle's Film Club will be an en- 
tertainment focal point for out-of- 
town visitors. Convention business 
sessions are slated for the New 
Washington Hotel, convenient to 
Film Row. 

(Continued from Page 1) 

involuntary bankruptcy petition filed 
by three Grand National creditors 
Monday in New York being thrown 
out by the court, Hammons said. 

Hammons also disclosed he has 
arranged a $1,000,000 loan for pro- 
duction with Irving Felt Co. in co- 
operation with New York banks. 

Hammons told The Film Daily 
it took three creditors of Grand Na- 
tional to file the bankruptcy peti- 
tions as no one creditor had a claim 
of $1,000. 

"All I'll have to do is show the 
judge the RFC loan and the petition 
will be thrown out," Hammons said. 

The RFC loan was negotiated be- 
tween Hammons and Sam E. Hus- 
bands of the RFC. The Grand Na- 
tional prexy left Washington last 
night for New York to clear up 
Grand National's financial situation. 

Grand National's attorneys are 
working on a proposed plan of re- 
organization which will be based on 
the newly increased RFC loan. The 
petition in bankruptcy filed in Fed- 
eral Court Monday is returnable on 
Nov. 2, and it is expected the plan 
will be ready before that time. 

Aid Chi. Chest Drive 

Para. -National Screen Deal 
Reported in Closing Stage 

(Continued from Page 1) 

now stands, according to informed 
sources, Paramount will renew its 
distribution contract with National 
Screen, although the making by Par- 
amount of its own trailers is as- 
serted to be a provision of the deal's 

Paramount's current arrangement 
with National Screen, calling for re- 
lease and distribution of trailers and 
accessories, is understood to expire 
on Jan. 1, next. 

A reported aspect of the deal is 
that, if signed on the dotted line, it 
will entail no sacrifice on the part of 
Paramount's present personnel en- 
gaged in trailer and accessory prep- 

Bandits Get $2,000 

Port Huron, Mich. — James Hels- 

Chicago — John Balaban, B & K 
chief; Jack Kirsch, Illinois Allied 
prexy; Eddie Silverman, Essaness 

chief, and Clyde Eckhardt, 20th-Fox don, manager of Butterfield Majes- 
branch manager, head the film trade ; tic Theater, was held up by two ban- 
group in the annual Community j dits in the theater office and robbed 
Chest drive. ! of $2,000 receipts. 

Whitworth Recovers 

Indianapolis — Walter Whitworth, 
Indianapolis News film critic, has 
returned to his desk after an absence 
of ten weeks by illness. 

Latin Theater Folds 

Detroit — Chester Brown has 
closed the Latin Theater, formerly 
the Brooklyn, only local house de- 
voted to Mexican and Spanish films. 

reviews of new mms 

* f0R€icn * 

"Keseru Mezeshetek" 

(Bitter Honeymoon) 

with Antal Pager, Zita Szeleczky 

Danubia Pictures 76 Mins. 


Its rollicking fun entertaining, this new 
Hungarian production should click. The 
cast is comprised of the most popular Hun- 
garian actors of the day, and they are all 
skilled comedians. The story moves rapidly 
and the marital complications which cause 
al! the trouble are ingenious. Antel Pager, 
Klari Tolnay, Zita Szeleczky and Lajos 
Basthy are featured. Pager, about to be 
married, finds himself entangled with 
Klari Tolnay when he appears on the scene 
as she is about to attempt suicide. Klari 
further complicates things when Pager 
leaves for his honeymoon with Zita, but 
finally everything is satisfactorily straight- 
ened out for all concerned. 

CAST: Antal Pager, Zita Szeleczky, 
Klari Tolnay, Lajos Basthy, Ferencz Ven- 

CREDITS: Produced by Standard Films; 
Director, Bela Balogh. Presented at the 
Modern Playhouse with Hungarian dialogue 
and no English titles. 



"An Organ Novelty" 

(Vitaphone Variety) 

Warners 9 mins. 

Good Organ Reel 

Presenting the prominent organ- 
ist, Jesse Crawford, and his wife and 
daughter, this short stresses melod- 
ious numbers. They play several 
selections on electric organs with 
vocal accompaniment provided by 
Miriam Grahame and Robert Sim- 
mons. "Shadow Waltz," "My Darl- 
ing," "My Blue Heaven," "My Bud- 
dy," and "I Know That You Know" 
are played during the short. Sev- 
eral dance scenes are used to spruce 
up the background. 

"Detouring America" 
(Merrie Melody in Technicolor) 


Travel Satire 

7 Mins. 

Humor in this one is derived from 
poking clean but effective satire at 
touring and travel. Audience is 
taken to many sections of the U. S. 
where habits and customs of the day 
are disclosed in nonsensical fashion. 
Jack Miller wrote the story, which 
is in reality a compendium of 
"gags." Leon Schlesinger produced, 
Fred Avery supervised. 

There's always the 


XA/HEN in doubt refer to 
BOOK. This Standard Refer- 
ence Book of the Motion Pic- 
ture Industry will answer prac- 
tically every question about 
production, distribution or ex- 
hibition. The 1940 edition is 
now in preparation. 


1501 Broadway, 
New York City 

6425 Hollywood Blvd., 
Hollywood, California 

M l» I'litlU A I J 
2 E3 W 44TH ST 

S T 



2 f S T FL 

Wednesday, October 25, 193$ 


(Continued from Page 1) 

and its relationship to motion pic- 

H. M. Richey, now with RKO Ra- 
dio and former Allied leader, spoke 
on co-operation within the industry. 

Short talks were also made by 
Ray Branch, Michigan Allied prexy, 
and Jack Kirsch, president of Illi- 
nois Allied. 

Committees reported on matters 
pertaining to Code negotiations, 
trade practices, legislation, labor, 
unfair competition and other exhibi- 
tor problems. 

The unit voted to change its name 
to the Allied Motion Picture Theater 
Owners of Western Penna. 

The following officers elected: 
President, Morris Rosenberg; vice- 
president, Edward Beedle; treasurer, 
Joseph Gellman; secretary, Fred 
Herrington; board of directors, Wil- 
liam Wheat, Dr. C. E. Herman, I. 
Roth, Charles Blatt, L. Corcoran. 

The convention banquet was held 
in the Gold Room of Roosevelt Ho- 
tel last night. Dancing and enter- 
tainment followed. 

City Council Invites Exhib. to Show Pix 

Greenwich, 0. — J. O. Guthrie, owner of the Karolyn Theater at nearby New London, 
upon invitation of the city council, has agreed to supervise the exhibition of picture 
•hows two days a week in the theater auditorium contained in the new city hall. 
Starting Oct. 28, Guthrie will present single feature programs on Thursdays and 

1940 Technicolor Schedule ! Para. Can't Yank Stars 

Calls for 3-4 Pix at Time 

Allied National, Unit Execs, 
at W. Pa. MPTO's Convention 

Pittsburgh — Registered for the 
19th annual convention of the MPTO 
of Western Pennsylvania at the 
Roosevelt Hotel here were: 

Col. Harry A. Cole, national prexy; Abram 
P. Myers, national board chairman; H. M. 
Richey of RKO Radio; Sidney Samuelson, 
executive secretary. Allied MPTO of East- 
ern Pennsylvania; Miss Pearl M. Sprott, bus- 
iness manager, Allied Theaters of Michigan; 
M A. Rosenberg, Fred J. Herrington, Joseph 
Gellman, Charles S. Philbrook, Alex S. 
Moore. Dr. C. E. Herman, William D. Davis. 
I. Roth, M. N. Shapiro, Carl A. Poke, all 
MPTO executives and committeemen; I. Dan- 
iel Davis, executive secretary, MPTO of West 
Virginia; Samuel Gould, Norman C. Huhn, 
William Pinkel, Archie Fineman, Morris 
Finkel, F. M. McKnight, Nathan Rosen, 
Harry Fleishman, Sam Fleishman, R. H. 
Goldberg, Bennett Amdur, all of Pittsburgh. 

R. V. McCalmont, Mt. Oliver; R. Allison, 
Cressnon: M. Serventi, Rimersburg; Eddie 
Beedle, Canonsburg; Harry Goldberg, Beaver 
Falls; George M. Purcell, Uniontown; N. A. 
Malonos, East Pittsburgh; Peter Antonoplos, 
East Pittsburgh; Peter Profili, Vestaburg; 
William Gray, Monongahela; J. G. Carruthers, 
Grove City: Larry Puglia, Waynesburg; Her- 
man Stahl. Oil City; Harry Stahl, Sharon; 
Miss C. R. Cupler, Washington; Werner 
Lund, Daisytown; John C. Bixler. Scotts- 
dale: Robert S. Higgins, Charleroi; Gene 
Angeli, California; Speer Marousis, New Cas- 
tle; Harry Walker, Sharpsburg; William 
Walker, Crafton; J. J. McFadden, Renovo. 

Frank Panoplos. Clairton; J. B. Kane, 
Pitcairn; Gilbert Gellman, Swissvale; Morris 
Roth, Ducjuesne: Al Glazer, McKees Rocks; 
L J. Bender, Floyd Bender, Millvale; Harry 
Rachiele, Sharpsburg; Rudolph Navari, Ver- 
ona; Jake Soltz, H. L. Shearer, Pittsburgh: 
William R. Wheat, Sewickley; Charles R. 
Blatt, Somerset; J. H. Rankin, Bridgeville; 
Frank H. King, California; Theo. Mikolow- 
sky, Masontown: Bart Dattola, New Kensing- 
ton: Oliver A. Kihchel, Jeannette; John C. 
Friburg, Johnsonburg; John Oglietti, Leech- 
burg; Harry Hendel, E. H. Goldberg, Pitts- 
burgh; George Corcoran, Monongahela; A. 
P Way, DuBois; Joseph Roth, Duquesne; 
Steve Rodenok, Oakmont; Tony Vincent, 
Carnegie; A. W. McCormick, Beaver; Andrew 
Battiston, Manor. 

Indiana ATO Elects Officers; 
Cole Discusses Arbitration 

Indianapolis — Electing Roy E. 
Harrold of Rushville as president, 

(Continued from Page 1) 

Herbert T. Kalmus, its president. 

No material change, Dr. Kalmus 
asserted, has taken place in the com- 
pany's production schedule since the 
outbreak of hostilities in Europe. 
This is both true of the domestic 
field as well as in England, where 
Technicolor's British laboratories 
are "carrying on" at a normal and 
satisfactory pace. 

Dr. Kalmus, who came to New 
York last mid-week to receive the 
SMPE's Journal Award at that 
body's Fall convention banquet in 
the Hotel Pennsylvania, left yester- 
for Rochester to pay a brief visit 
to the Eastman Kodak Co.'s plant. 
Immediately in the wake of his 
Rochester visit, he will leave for the 
Coast, probably returning to New 
York in December. 

Off Radio, Says Balaban 

(Continued from Page 1) 

ident, asserted that the suggested 
step is not possible, since action is 
beyond the power of the producing 

All three of these stars came to 
the screen in a practical sense from 
the radio, and, consequently, Para- 
mount has no jurisdiction over their 
activities as performers who are 
seeking outlets for their talents, Bal- 
aban points out. 


Drive for Rumanian 
Film Biz Proves Floppo 


Slaughter Improving 

Charlotte — Byron Slaughter of the 
local Paramount sales force, and Ber- 
nard J. Ross, injured in an automo- 
bile collision, are improving. 

Schine Booker in Cincy 

Cincinnati — Joel Golden, booker 
for Schine, has opened booking of- 
fices in the American Building. 

members of the Associated Theater 
Owners of Indiana yesterday after- 
noon prepared to wind up its two- 
day 13th annual convention and 
trade show in the Antlers Hotel. 

Other officers elected at a morn- 
ing meeting of the newly chosen 
board of directors were: Ernest L. 
Miller of Indianapolis, vice-presi- 
dent; and Harry Markun of Indian- 
apolis, treasurer. 

In an interview Abram F. Myers, 
Allied board chairman and general 
counsel,' said that he believed the 
Government's suit to divorce the 
producing companies from the oper- 
ation of theater circuits would come 
up next March. He expressed con- 
fidence that the Government would 
win the suit. 

A uniform system of arbitration 
for the settlement of clearance prob- 
lems was discussed by Col. H. A. 
Cole, national Allied prexy. The 
Neely anti-block-booking bill was 
aired by Ernest L. Miller, while 
Leonard Sowar talked on the value 
of group meetings and the inter- 
change of ideas. Alex Manta gave 
an interesting talk on union con- 
tracts, and Harry Markun spoke on 
Code arbitration. John I. Rossiter 
told of some of the disadvantages of 
non-theatrical competition in the 
state and advocated a wider margin 
on percentage pictures and urged a 
larger percentage of cancellations. 
A discussion of radio competition 
and an open forum followed. A din- 
ner last night brought the session to 
a close. 

Bucharest (By Cable) — German 
attempt via the visit of a Nazi trade 
commission to make a sizable inroad 
on the film biz done here by U. S. 
distribs. has failed dismally. 

While the Nazi commission was 
successful in negotiating an accord 
with the official Cinematic Ro- 
manesc, S. A. R., the agreement pro- 
vides for the importation of only 
40 German films during 1939-40. 

The Rumanian market is expected 
to absorb 200 American features this 
season, with French studios supply- 
ing the second largest quota, 75. 

War crisis is affecting exhibition, 
with estimates of closings varying. 

Head Relief Fund Drive 

Cincinnati — Maury White, prexy 
of United Theaters, is chairman of 
the Motion Picture Division of the 
Jewish Relief Fund, with Billy Bien, 
Theater Poster Supplies, and Lee 
Goldberg, prexy Big Feature Rights, 
as assistants. 

On Convention Committee 

Charlotte — The program commit- 
tee for the December convention of 
the TO of NSC has been appointed 
as follows: F. H. Beddingfield, chair- 
man; Roy L. Smart, and Ben Stro- 

(Continued from Page 1) 

foreign currency problems facing 
the U. S. industry will be adjudi- 
cated equitably. He does not be- 
lieve that any country would force 
measures which would halt the sup- 
ply of films for entertainment- 
He expressed the belief tT I' in- 
tensified selling and of 
new markets, wherever possible, 
would probably compensate for some 
of the losses that will probably re- 
sult from the war. Asked if banks 
generally had agreed upon any war- 
time formula for loans to producers, 
Dr. Giannini said that none had to 
the best of his knowledge. He added, 
that undoubtedly, loans to any and 
all producers would call for special 
attention on three counts — one, the 
amount of money needed, secondly, 
the type of picture and, thirdly, its 
possibilities for producing revenue. 
Here with his family for a short 
vacation, Dr. Giannini plans to leave 
New York some time next week. 


Weatherford Promoted 

Fort Worth, Tex.— Frank Weath- 
erford, who has been manager of the 
Worth Theater since 1932, has been 
named city manager of the nine In- 
terstate Circuit Theaters in Fort 
Worth and Arlington, succeeding the 
late Pierre C. Levy. 

"Grande Gloire" Arrives 

"Grande Gloire," first French pro- 
duction to be completed in that coun- 
try since the outbreak of war, and 
the first picture to deal directly with 
the war, has been received here by 
Transatlantic Films, distributors. 

Duals for the College, Chicago 

Chicago— RKO's College Theater 
will eliminate stage shows on Nov. 
10 and go into a first-run double 
feature policy. 

From Booker to Trouper 

Cleveland — Bill Sheehan has re- 
signed from. the local M-G-M book- 
ing department to enroll in the 
American Academy of Dramatic Art 
in New York, where he will take a 
two year course preparatory to tak- 
ing up a stage career. He is suc- 
ceeded by Ralph Landsnaes, student 
booker. Phil Harrington, M-G-M of- 
fice manager, has also promoted 
Jerry Weitzel from ad sales manager 
to booker. Bill McMannis moves up 
from shipper to ad sales manager. 

D. M. Orpheum Back to RKO 

Des Moines — Return of the Or- 
pheum here to RKO management on 
Nov. 2 after three years operation 
by Tri-States in a pooling arrange- 
ment will not affect other houses 
pooled according to G. Ralph Bran- 
ton, Tri-States general manager. 

Detroit Censor Okays "M" 

Detroit — "M," which was banned 
by the censor here when it was first 
presented for release, has been o.k.'d 
for showing at the Cinema Theater 
by Sergt. Charles W. Snyder, film 

New Moe Cohn Firm 

Baltimore — Moe Cohn, Lexway 
proprietor here, will form the M. 
and M. Corp. to operate the Clover 
Theater he will take over on Dec. 31. 
Ben Livingston had it for 17 years. 
It will be remodeled. 

Elite Starts First Feature 

Production on "Vilner Balibessal" 
will be started Nov. 1, Elite Pro- 
ductions, Inc., announced yesterday. 
Elite will start a second feature 
production as soon as work is com- 
pleted on the first picture, it was 

T HilMI 1 SON 

Intimate in Character 
International in Scope 
Independent in Thought 


The Daily Newspaper 
Of Motion Pictures 
Now Twenty-One Years Old 

VC-376, NO. 82 



Box Office in Frisco Sh owing Pickup of 10 Per Cent 

solution!) four tradTproblems, mptoa goal 

No Film Amendment to Neutrality Act Needed-Barkley 

Senate's Majority Leader 
Holds Measure's Pro- 
visions Adequate 


Washington Bureau of THE FILM DAILY 

Washington — Majority Leader Al- 
ben Barkley told The Film Daily 
I'last night that no specific amend- 
taient to the Neutrality Act was nec- 
'essary to protect film interests. 
• Barkley contended that films 
'along with all other American prod- 
ucts could adequately be handled un- 
j'der a transfer of title arrangement, 
| 'for which the committee believes the 
1 present bill provides. 

Under arrangement indicated be- 
fore American films or other prod- 

(Continued on Page 3) 


Wall Street thinks "there is room 
for further improvement in the mar- 
ket valuation of movie shares," the 
,Wall Street Journal declared yes- 
terday, taking cognizance of the re- 
cent upward movement of film com- 
pany stocks both on the Big Board 
and the Curb. 

The leading financial daily com- 

"Movie shares have finally begun 

(Continued on Page 6) 

Execs, and Stars on Dais 
as Masquers Honor Zanuck 

West Coast Bureau of THE FILM DAILY 

Hollywood — With the Masquers 
Club the official host, Hollywood last 
night paid a glowing tribute to Dar- 
ryl F. Zanuck, 20th-Fox produc- 

( Continued on Page 3) 

France Will Grant Leaves 
for Stars and Technicians 

Paris (By Cable) — Three months' 
leaves for French film players and 
technicians that production may be 

(Continued on Page 6) 

Amusement issues Continue Upward Movement 

Amusement issues on the Big Board yesterday continued to advance generally, with 
Paramount first preferred leading the procession with a 4i/ 2 point gain to close at 87'/ 2 . 
Universal preferred went up 2'/ 2 to 72'/ 2 - Loew's common made a similar gain to 38 W 
Point gains were recorded by Columbia's vtc, Eastman preferred, 20th-Fox preferred 
and Warner's preferred. Columbia's preferred went up 1%- Firmer tone extended to 
the Bond and Curb Markets. For full financial report, see table on Page 2. 

Italian Government to Increase Film 
Financing in Drive for Export Market 

Rome (By Cable) — The Italian 
film industry will make a determined 
bid for a considerable segment of 
the world pix market lost to British, 
French and German producers as a 
result of the war. 

Mussolini's government, it is re- 
ported, is prepared to at least dou- 
ble its investment in film production 
during 1940, and, if the war con- 

(Continucd c 

tinues, likely will go well beyond 

Annual Government aid now ap- 
proximates 10,000,000 lire, and is 
largely in the form of loans. Addi- 
tional investment is to be used to in- 
crease the number of films produced 
now about 50 yearly, and to improve 
the quality. 

While Cinecitta, with its eight stu- 

n Page 3) 

WB Aiming Pix at New 20,000,000 Audience 

Warners is aiming its releases for 
the months immediately ahead at 
the additional 20,000,000 weekly 
audience regarded as potential in 
the American exhibition field, it was 
said here yesterday by Charlie Ein- 
feld, company's advertising-publi- 
city head. 

At the present time, weekly at- 

(Continned o 

tendance in the United States is 
placed at 60,000,000, representing 
more or less the "regulars." Attrac- 
tion of the 20,000,000 who may at- 
tend casually or not at all is a job 
to be tackled both by producer-dis- 
tributor and exhibitor, in Einfeld's 

Type of pix coming along from 
n Page 7) 

Efforts to Overcome Major 

Obstacles to be Made 

by Exhib. Group 

MPTOA will concentrate on the 
solution of what it believes are the 
four most important trade practice 
problems, it was learned following 
the meeting of the directors at 
White Sulphur Springs, W. Va., early 
this week. The four problems are 
cancellation, overbuying, unreason- 
able clearance and "cut-throat" com- 

Efforts to overcome these ob- 
stacles will be the goal of the or- 
ganization during the next 12 
months. In so doing, the exhibitor 

(Continued on Page 3) 


Frisco fiox Office Up 10 Per Cent; 
Excellent Fall Biz Prospects Seen 

Distribs. Look to Pact 

to Offset Argentine Tax 

Buenos Aires (By Cable) — Amer- 
ican distribs. here are looking to 
the Argentine-American trade treaty 
now in the process of negotiation 
to overcome the new 5 per cent in- 
come tax just levied on foreign pix 
revenues. Law, passed early this 
month, becomes effective on Jan. 1 

FILM DAILY Staff Correspondent 

San Francisco — Theater execs, 
here report a 10 per cent box-office 
pickup, and are expecting an excel- 
lent Fall business. Early summer 
business was down, they say, be- 
cause of the Golden Gate Exposition, 
but with the influx of tourists and 
visitors a pickup started in July, 

(Continued on Page 3) 

Appointment of Simon H. Rifkin 
as receiver for Grand National yes- 
terday was described by E. W. Ham- 
mons, president, as a legal formal- 
ity in view of the bankruptcy peti- 
tion filed against the company by 
three creditors. 

A hearing on GN's petition to va- 
cate the receivership because of the 
apparent completion of the RFC 
loan will be held tomorrow, and in- 

(Continued on Page 2) 

Exchange Workers' Pact 

Negotiations Due Soon 

With contracts between major 
companies and the exchange work- 
ers union due to expire Nov. 30, it 
is expected that negotiations will be 
instigated early next month for a 
renewal of the pact. Contracts cov- 

(Continued on Page 3) 

Stanley-Warner Returns 

to 68c Top in De Luxers 

Philadelphia — Without any pub- 
licity, Stanley- Warner de luxe down- 
town first-runs returned to a 68 cent 
top Saturday night. All but two 
downtown houses, the Stanton, which 

(Continued on Page 3) 

V .li 


Vol. 76, No. 82 Thurs., Oct. 26, 1939 10 Cents 



DONALD M. MERSEREAU : General Manager 
CHESTER B. BAHN :::::: Editor 

Published daily except Saturdays, Sundays and 
Holidays at 1501 Broadway, New York, N. Y., 
Iiy Wid's Films and Film Folk, Inc. J. W. 
Alicoate, President and Publisher; Don- 
ald M. Mersereau, Secretary-Treasurer; En- 
tered as second class matter, Sept. 8, 1938 
at the post-office at New York, N. Y., under 
the act of March 3, 1879. Terms (Postage 
free) United States outside of Greater New 
York $10.00 one year; 6 months, $5.00; 3 
months, $3.00. Foreign, $15.00. Subscriber 
should remit with order. Address all com- 
munications to THE FILM DAILY, 1501 
Broadway, New York, N. Y. Phone BRyant 
9-7117, 9-7118. 9-7119, 9-7120, 9-7121. Cable 
Address: Filmday, New York. 

Representatives: HOLLYWOOD, Calif.— 
Ralph Wilk, 6425 Hollywood Blvd., Phone 
Granite 6607. LONDON— Ernest W. Fred- 
man, The Film Renter, 127-133 Wardour St., 
W. I. PARIS— P. A. Harle, La Cinematog- 
raphic Francaise, 29 Rue Marsoulan (12). 
MEXICO CITY— Marco-Aurelio Galindo, 
Depto. 19, 5A, Dr. Lucio No. 102, Mexico, 
D F. BUENOS AIRES— Chas de Cruz, 
Heraldo Del Cinematografista, Corrientes 1309. 

f mnnciRL 


High Low Cose Chg. 

Am. Seat 13l/ 2 12'/s 13^ + 1% 

Col. Picts. vtc. <2'/ 2 %) 8V2 7'/ 2 8Vi + 1 
Columbia Picts. pfd. . 205/ 8 19 205/ 8 -f ^% 

Con. Fm. Ind 1 1/, 1 V4 1 14 

Con. Fm. Ind. pfd... 10y 8 10V4 10% + % 

East. Kodak 162'/ 2 162 162'/ 2 — 1 

do pfd 165 164 165 +1 

Gen. Th. Eq 1334 13 133,4 + 7/ 8 

Loew's, Inc 38'/ 4 36 38'/ 4 + 2!/ 2 

do pfd 

Paramount 9'/ 4 8'/ 2 91/ 4 + 3£ 

Paramount 1st pfd... 87y 2 83 V2 87'/ 2 + 4l/ 2 
Paramount 2nd pfd.. 10'/ 4 9y 2 IOI/4 + % 

Pathe Film U3/ 8 i07/ 8 n + l/ 8 

RKO 1^4 15/ 8 1% + y 

20th Century-Fox . . 15'/ 2 1454 15% + 1 1/ 8 
20th Century-Fox pfd. 24% 23*A 24% + 1 

Univ. Pict. pfd 73 72 72'/ 2 -f 2'/ 2 

Warner Bros 43/4 4'/ 4 4% -f % 

do pfd 50 49 50 +1 

Keith B. F. ref. 6s46.100y 2 100y 2 10O'/ 2 
Loew's deb. 3'/ 2 s46 983/ 4 98% 983/ 4 + 3^ 

Para. B'way 3s55 

Para. Picts. 6s55 

Para. Picts. cv. 3'/ 4 s47 83 82% 83 4- V, 

RKO 6s41 .... 

Warner Bros.' cv. 6s39 

Warner Brcs.' dbs. 6s48 81 % 81 '/ 4 81 3^ -f 1 " 

Monogram Picts. ... 114 1 14 1 V4 + 'A 

Sonotone Corp 13/ 8 -|3/ 8 1% -J- Va 

Technicolor 14'/ 2 13 14% + 1% 

Trans-Lux 1 1/ 4 1 1/ 4 1 1/4 + l/ 8 

Universal Corp. vtc. 2% 2% 2% -j- % 

Universal Picts 7'/ 2 7% 7'/ 2 


Bid Asked 

Pathe Film 7 pfd 1001/ 2 

Fox Thea. Office Bldg. 1st '46 

Loew's Thea. Realty 6s 1st '47 

Met. Playhouse, Inc. 2nd deb. '45.. 63 66 

Roxy Thea. Bldg. 4s 1st '57 60 62 




Storage by Reel or Vault 

729 Seventh Ave. 
New York City 
BRyant 9-5600 


Spyros Skouras In Denver 

for NT Divisional Parley 

Denver — Discussion of new prod- 
uct and how to sell more tickets will 
be the subjects under discussion at 
the annual visit of Spyros Skouras, 
National Theater, Inc., president, to 
Denver today. 

Skouras will arrive from the East 
this morning and will go direct to 
the Fox Intermountain headquart- 
ers, where the meeting will be held. 
Rick Ricketson, division manager, 
will meet Skouras. 

Attending the meeting will be dis- 
trict managers and bookers, man- 
agers of Fox houses in Denver, and 
a few managers from nearby cities. 

After discussing new product 
Skouras will lead a round-table dis- 
cussion of how to improve business 
for the theater. 

Skouras will leave by plane to- 
morrow for Salt Lake City, going 
from there to the Coast. 

Loophole in Ga. Sun. Law 
Through Local Officials? 

Atlanta, Ga. — Although the 
Georgia Court of Appeals has ruled 
that Sunday movies in the state are 
illegal, it appeared likely yesterday 
that the theaters will continue to 
operate on that day. The recent 
Court of Appeals ruling stated that 
operation for charities was no "loop- 
hole" with which to evade the Sun- 
day blue laws. 

However, it has been stated by 
state officials that prosecution of 
operators will be left in the hands of 
local authorities and it is indicated 
that the latter, in most instances, 
will choose not to enforce the law so 
long as the theaters continue to turn 
over part of their receipts for chari- 

Atlanta's Auditorium May 
Have Premiere of "Wind" 

Atlanta, Ga. — World premiere of 
David O. Selznick's "Gone With the 
Wind" is expected to take place in 
the municipal auditorium here, prob- 
ably on Dec. 13. Significance is 
attached to the fact that the city 
is reserving mid-December use of 
the auditorium. 

Ground work for the premiere was 
laid here by H. B. Ferguson, rep- 
resenting M-G-M, and Katherine 
Brown, representing S-I, who con- 
ferred with Governor Rivers, Mayor 
Hartsfield and theater execs. 

Holman Quits Columbia 

for a Research Project 

We^t Coast Bureau of THE FILM DAILY 

Hollywood — William S. Holman, 
studio manager at Columbia, has 
settled his contract and leaves that 
organization Saturday. He will be 
succeeded by Comptroller H. A. Mc- 

Holman's future plans are said to 
include a research project covering 
certain phases of production for Co- 
lumbia and one or more other studios. 


Thursday, October 26, 1939 

Name Receiver for GN, 

But Dismissal is Seen 

{Continued from Page 1) 

dications are that the bankruptcy 
will be dismissed. 

The RFC money is expected to be 
delivered to Hammons before the end 
of the week and further finances 
from Felt & Co. are due to follow 

Hammons said yesterday that the 
RFC loan would be more than suf- 
ficient to pay off indebtedness, with 
a substantial amount left over for 
operating expenses. The Felt money 
will be used to finance production. 

West Coast Bureau of THE FILM DAILY 

Hollywood — A meeting of Grand 
National creditors has been called 
for next Tuesday by Loyd Wright, 
trustee. Session will be held in the 
proiection room of the studios at 10 

Stoneman Grilled in Suit 

Against Publix Directors 

Examination of David Stoneman 
whose action against Publix direc- 
tors as individuals, charging a fraud- 
ulent financial statement, goes into 
its third day tcday before Judge 
Valente and a jury in N. Y. Supreme 
Court. Louis Nizer, counsel for the 
defendants, cross-examined Stone- 
man for five hours yesterday and 
will resume his examination today. 

Stoneman claims that when the 
Empire Theater, Portland, Me., was 
sold to Publix, the company's finan- 
cial statement left out $36,000,000 in 
guarantees on leases, notes and 
mortgages and that he was de- 
frauded in the transaction. 

The suit was filed in 1937. Stone- 
man is treasurer of Interstate The- 
aters Corp. of Boston. 

GTE Reports Three-Month 

Net Profit of $154,347 

General Theaters Equipment 
Corp. and subsidiary companies, ex- 
cluding Cinema Building Corp., J. 
M. Wall Machine Co., Inc. and 
Zephyr- Shaver Corp., report con- 
solidated net profit, after provision 
for depreciation and estimated Fed- 
eral income tax, for the three months 
ended Sept. 30. subject to year-end 
adjustments, of $154,347. This com- 
pares with consolidated net profit 
of $218,524 for the corresponding 
period last year. Capital stock out- 
standing as of Sept. 30, was 597,397 

Only One Chicago Film 

Theater Not Operating 

Chicago — This city has a single 
dark pix house, according to records 
of the Chicago film carriers' union. 
It's the Lincoln Ave. Easterly. 

Union reports servicing 320 thea- 
ters in the Chicago district, an in- 
crease over last year. 

Film Truck Service, according to 
D. W. Koerner, has six more houses 
on its books than last year. 

Film carriers' division of the 
American Truck Association met 
here Tuesday to discuss trade prob- 

cominG mid Gome 

WILLIAM A. SCULLY, Universal manager of 
distribution, leaves New York today on a sales 
trip, attending the Variety Club banquet in 
Pittsburgh this week-end while on his tour 
of "U" branches. 

JOSEPH BERNHARD, general mana-s.' of 
Warner theaters, and HARRY COLDBER' /ar- 
ner theater ad. and pub. chieftain, re? S, f 
the home office today from a trip to Chicago 
and Milwaukee. 

TOM GORMAN, RKO district manager in 
Chicago, has returned to that city after con- 
ferences at the home office. 

CEORGE SEITZ, Metro director, arrives in 
New York this week from the Coast for a 
short vacation. 

LYNN BARI, 20th-Fox player, and her hus- 
band. WALTER KANE, planed in yesterday on 
the TWA Sky Chief for a short vacation. 

MARGARET ETTINCER arrives here Sunday 
via American Airlines for a brief visit. 

BRODERICK CRAWFORD planed in yesterday 
via TWA for a three-week vacation. 

SPENCER TRACY arrives in Detroit today 
from the Coast. 

VAUGHN CLAZER, actor, has cut short his 
New York vacation to return to the Coast for 
a role in a new Paramount picture. 

ABEM FINKEL, Warner writer, leaves the 
Coast today for a vacation in South America 
and the West Indies. 

dent of Transcontinental Films, arrive in New 
York today on the Rotterdam. 

JOAN BLONDELL arrives here tomorrow morn- 
ng from the Coast. 

CLAIRE TREVOR is stopping at the Waldorf. 
JOSEPH SCHILDKRAUT has returned to the 

Detroit Variety Club 

Names Robinson Barker 

Detroit — Variety Club elected new 
officers for 1940 as follows: Harold 
C. Robinson, manager, Film Truck 
Service, chief barker; John Howard, 
Paramount branch manager, first 
assistant chief barker; Lew Wisper, 
of Wisper & Wetsman Theaters, sec- 
ond assistant chief barker; David 
Newman, Pasadena Theater, proper- 
ty master; and Jack Saxe, Mono- 
gram Pictures, treasurer, dough guy. 

Uncle SanTWould Halt 

Admission Tax Evasions 

Washington Bureau of THE FILM DAILY 

Washington — Internal Revenue 
Bureau's continuing drive in New 
York City against evasions of the 
Federal admissions tax by theaters, 
etc., may be extended to span the 
country, it is intimated by Commis- 
sioner G. T. Helvering. 

RKO-B b K Deal in Work 

Chicago — RKO Radio, represented 
by Jack Osserman, exchange head, is 
talking a seasonal product deal with 
B & K. 


'AN HILARIOUS SCUFFLE" — Atkinson, Times 
George Abbott presents 



By Richard Maibaum and Harry Clork 
Biltmore, W. 47 St. Evgs. 8:45. Mats. Wed. & Sat. 

^Thursday, October 26, 193; 




(Continued from Page 1) 

:body will seek concessions from those 
companies which have not yet an- 
nounced more liberal selling policies, 
and_at the same time will seek to 
off ~^ agitation for the Neely bill. 
Analysis of exhibitor problems 
and the exchange of views on theater 
operation were among the issues 
considered valuable at the sessions. 


with PHIL M. DAVY, 

Sees No Film Amendment 
to Neutrality Pact Needed 

(Continued from Page 1) 

ucts leave this country, title should 
| be transferred to a British affiliate 
or subsidiary company. 

"We have discussed this title mat- 
ter at considerable length in com- 
I mittee," Senator Barkley commented. 
"I don't see how we could reason- 
j ably exempt film shipments any 
i more than other American products, 
but I am convinced that where there 
] is such a subsidiary or affiliate cor- 
; poration — in effect a citizen of the 
foreign country — transfer of title 
should not be a matter of much dif- 
ficulty. Thus, it wouldn't be neces- 
sary to amend the act to protect the 
interests of the film industry," Bark- 
ley said. 

Plans to introduce a specific 
amendment to the Neutrality Act 
protecting copyright on films sent 
abroad have been shelved, it was 
said last night by Rep. Charles Kra- 
mer (D., Calif.). 

Earlier in the day, it had been 
expected that an amendment would 
be offered retaining the copyright 
protection for American producers, 
although title to the film would "pass 
■ on sale. Kramer indicated the in- 
dustry will employ another method 
of protecting the copyright, but de- 
clined to say how it would be ef- 

Sen. John A. Danaher (R., Conn.) 
has interested himself in the mat- 
ter insofar as the copyright angle 
is concerned. Opinion seems con- 
clusive that nothing will be done 
regarding passing of title to the film, 
although they are leased, instead of 
sold. Under the Neutrality Act the 
deal will have to be cash. 

Ed Kuykendall, MPTOA prexy, is 
here in connection with the problem 
presented by the Neutrality Act. 

Best wishes from THE FILM DAILY 
to the following on their birthdays: 


Jackie Coogan H.B.Warner 

Buddy Messinger Mark Sandrich 

Ralph Ravenscroft 

T T ▼ 

• • • BELIEVE it or not there was a double feature yester 

morn at the Roxy Theater the management prefacing the regular 

unfolding of "Hollywood Cavalcade" on the screen by unfolding 

Ihe world's largest one-piece oval rug on the lobby floor and doing 

so with a fanfare you can only find in this glittering pix biz But 

consider the possibilities had the Roxy waited to put down the rug 

until "Drums Along the Mohawk" came to town for the Mohawk 

Carpet Mills. Inc., produced the prairie of wool and anyone who 

has ever been up Amsterdam. N. Y. way has heard the music of that 
mill's looms sort of "Hums Along the Mohawk" 

T T ▼ 

• • • GENERALLY the rug is a reproduction of its pre- 
decessor which the late S. L. "Roxy" Rothafel purchased 

when the house opened back in '27 and which felt the tread 

of some 70,000,000 pix fans during the 12 years it was in service 

The new rug, which is 40 feet wide and 58 feet long, cost 

some $15,000 and was ordered via W. & J. Sloane Ten 

cardinal colors were employed but the most colorful things 

about it yesterday a.m. were the 22 Gae Foster Girls who 

ceremoniously unrolled it to the flash of news photographers' 

T T ▼ 

• • • CLOSE-UPS: Speaking of the Roxy when the new 

20th-Fox pix, "20,000 Men a Year," opens tomorrow there the pres- 
ent F & M stage show comprising Pat Rooney, Jimmy Shields. Joe Jack- 
son, Ted Lester, the Gae Foster Girls, and Paul Ash with the Roxy Thea- 
ter Ork will be held over with the new film the first time in 

Roxy history that such a thing has happened which speaks for 

itself. . . • A duo of Paramount personalities grabbed Song Hit Mag- 
azine-sponsored plaques at the Independent Magazine Publishers 

banquet last night in the New Yorker Hotel .... Lanny Ross, who sings 
Ihe role of Prince David in Para.'s "Gulliver's Travels," won the "Best 

Singer's Plaque" while Hoagy Carmichael, composer of "Blue 

Orchids,'" featured in the Para, short "Ted Fio Rito and His Orchestra," 
got the "Best Composer Plaque" 

Italy to Increase Film 

Financing in Export Drive 

(Continued from Page 1) 

dios, will play a major role in- the 
expansion move, other producing 
centers such as Farnesina, Tirrenia 
and Safa will benefit. 

II Duce is reported taking a per- 
sonal interest in the opportunistic 
drive, feeling that with British and 
French production restricted and 
German pix in disfavor because of 
the infusion of Nazi propaganda, 
Italy can quickly rank second to 

The lire at the present rate of 
foreign exchange is worth 5.05 cents. 

14 Parisian Film Houses 

Open with All-U. S. Bills 

Paris (By Cable)— Fourteen Pari- 
sian film theaters are now operating. 
Programs are exclusively American 

Execs., and Stars on Dais 
as Masquers Honor Zanuck